Legal Question in Military Law in Texas

Re: Special POA

Mr. DeWitt is correct with his response. Additionally, if you are a 21 year old and engaging in sexual activity with a 17 year old (who would more than likely be considered a minor) you are comitting statutory rape; regardless of whether the sex is consensual or not. If you're a military member, you might not only ruin your military service record but if you are convicted of rape, that conviction would remain on your criminal record for the rest of your life and restrict your ability to obtian VA and/or other benefits. If my lawfirm can assist you with this or any other legal matter, please contact my legal assistant Jennifer ([email protected])

Re: Special POA

In the military statutory rape is called "carnal knowledge." To be guilty under the UCMJ, the person must be under 16 years old. So, sexual intercourse would not be criminal in the military. It may however depend on your state law as to criminal liability for some form of statutory rape.

Keep in mind that statutory rape/carnal knowledge prosecutions are based on a societal presumption that a person under a certain age can't really consent to some types of activity allowed to an "adult."

DO NOT use the POA as a means to give her permission to marry you.

If she is 17 and you are in love, she'll be 18 soon? Right? That's not a legal answer, but sometimes legal answers are practical answers.

Sincerely www.court-martial.com

Re: Special POA

A person who holds a power of attorney is charged with acting for the best interests of the ward, not his own best interests. A court would likely conclude that your acts in signing for her to marry you would constitute what courts call "self-dealing" and would be a breach of fiduciary duty. If parental consent is necessary for marriage at the age of 17 in your state, it would be unwise to rely on the POA for this purpose. You should get the consent of the parents on a notarized form or statement.

What you are proposing seems like a simple answer to your question, but it could get you into a lot of trouble, and it might even make your marriage void (or voidable) at some later point if it was questioned.

Consult a local lawyer for additional advice before making any decisions.