Sec. 14.631 Powers Of Attorney.

[allan]

[Code of Federal Regulations]

[Title 38, Volume 1]

[Revised as of July 1, 2002]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR14.631]

[Page 538-539]

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 14--LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS--Table

of Contents

Sec. 14.631 Powers of attorney.

(a) A power of attorney, executed on either Department of Veterans

Affairs Form 23-22 (Appointment of Veterans Service Organization as

Claimant's Representative) or Department of Veterans Affairs Form 2-22a

(Appointment of Attorney or Agent as Claimant's Representative), is

required to represent a claimant, except when representation is by an

attorney who complies with Sec. 14.629© or when representation by an

individual is authorized under Sec. 14.630. The power of attorney shall

meet the following requirements:

(1) Contain signature by:

(i) The claimant, or

(ii) The claimant's guardian, or

(iii) In the case of an incompetent, minor, or otherwise

incapacitated person without a guardian, the following in the order

named--spouse, parent, other relative or friend (if interests are not

adverse), or the director of the hospital in which the claimant is

maintained; and

(2) Shall be presented to the appropriate Department of Veterans

Affairs office for filing in the veteran's claims folder.

(b) Questions concerning powers of attorney shall be referred to the

Regional Counsel of jurisdiction for initial determination. This

determination may be appealed to the General Counsel.

©(1) Only one organization, agent, or attorney will be recognized

at one time in the prosecution of a particular claim. Except as provided

in Sec. 14.629© and paragraphs ©(2) and ©(3) of this section, all

transactions concerning the claim will be conducted exclusively with the

recognized organization, agent, or attorney of record until notice of a

change, if any, is received by the Department of Veterans Affairs.

[[Page 539]]

(2) An organization named in a power of attorney executed in

accordance with paragraph (a) of this section may employ an attorney to

represent a claimant in a particular claim. Unless the attorney is an

accredited representative of the organization, the written consent of

the claimant shall be required.

(3) Legal interns, law students, and paralegals may assist in the

preparation, presentation, or prosecution of a claim under the direct

supervision of a claimant's attorney of record designated under

Sec. 14.629©, or an attorney who is either employed by or an

accredited representative of an organization named in a power of

attorney executed in accordance with paragraph (a) of this section.

However, prior to their participation, the claimant's written consent

must be furnished to the Department of Veterans Affairs. Such consent

must specifically state that a legal intern, law student, or paralegal

furnishing written authorization from the attorney of record or the

organization named in the power of attorney may have access to the

claimant's records and that such person's participation in all aspects

of the claim is authorized. The supervising attorney, or an attorney

authorized under Sec. 14.629©(2), must be present at any hearing in

which a legal intern, law student, or paralegal participates.

(d) A power of attorney may be revoked at any time, and an attorney

may be discharged at any time. Unless a claimant specifically indicates

otherwise, the receipt of a new power of attorney shall constitute a

revocation of an existing power of attorney. If an attorney submits a

letter of representation under Sec. 14.629 regarding a particular claim,

or a claimant authorizes a person to provide representation in a

particular claim under Sec. 14.630, such specific authority shall

constitute a revocation of an existing general power of attorney filed

under paragraph (a) of this section only as it pertains to, and during

the pendency of, that particular claim. Following the final

determination of such claim, the general power of attorney shall remain

in effect as to any new or reopened claim.

(e) The authority which a power of attorney provides may be

continued for a reasonable time after the death of the claimant, to

determine whether the claim will be continued by a new claimant and

whether a new power of attorney will be executed.

(Authority: 38 U.S.C. 5902, 5903, 5904)

[43 FR 46535--46537, Oct. 10, 1978, as amended at 53 FR 52421, Dec. 28,

1988]