What is the Navjag 5801 form?
The Navjag 5801 form is a Special Power of Attorney designed specifically for military personnel acting in loco parentis. It grants authority to an appointed individual to make decisions regarding the welfare of the named children, enabling them to perform parental acts such as medical consent, disciplinary action, and general supervision in the absence of the military parent.
Who can use the Navjag 5801 form?
This form is primarily for military members who need to designate someone else to care for their children while they are away due to service commitments. Any service member who is authorized to receive legal assistance from military services can prepare and execute this document.
What powers does the Navjag 5801 form grant?
The form allows the appointed attorney-in-fact to perform a wide range of parental acts. They can provide care, obtain food, shelter, clothing, and education, as well as consent to necessary medical and dental treatment. Additionally, the attorney can act on behalf of the children in matters like discipline and participation in activities.
How long does the Navjag 5801 form remain effective?
The power of attorney remains in effect until a specified termination date or until it is revoked by the grantor. If the grantor is declared "missing," "missing-in-action," or "prisoner of war," the authority continues for 60 days after the grantor's return to military control, even if a specific expiration date is noted.
Is there a requirement for notarization?
Yes, the Navjag 5801 form must be notarized to be valid. It requires acknowledgment by a notary public or an authorized person under military service regulations. This ensures the authenticity of the document and the identity of the parties involved.
Can the Navjag 5801 form be used in any state?
Yes, the Navjag 5801 form is recognized under federal law and is exempt from state-specific requirements for powers of attorney. It will have the same legal effect as a state-compliant power of attorney when presented in the respective jurisdiction.
How do I appoint someone using the Navjag 5801 form?
To appoint someone, the military parent must fill out the form with the name of the attorney-in-fact and the names and birth dates of the children. The document must then be signed by the military parent and witnessed appropriately before notarization.
What happens if I want to revoke the Navjag 5801 form?
The grantor can revoke the power of attorney at any time before its expiration. This is typically done in writing. Once revoked, the appointed attorney-in-fact will no longer have authority to act on behalf of the grantor regarding the named children.