Bartholomew v. Blevins

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Wife serves in the U.S. Air Force and executed a military power of attorney designating husband as her attorney-in-fact during her deployment overseas. Husband presented a photocopy of this instrument to the Fayette County Clerk to recording an original deed and mortgage in the real property index records. The clerk’s office rejected the copy as inauthentic and refused to record the documents. The district court dismissed their suit under 42 U.S.C. 1983, which claimed that rejection of the power of attorney violated 10 U.S.C. 1044b. That statute sets the minimal requirements for executing a military power of attorney and prohibits states from imposing additional requirements. During the pendency of appeal, the couple submitted an original military power of attorney and the documents were recorded. The Sixth Circuit affirmed. The unnotarized copy of the power of attorney lacked an essential element of a military power of attorney and did not qualify for 1044b(a) protections. View "Bartholomew v. Blevins" on Justia Law