[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR14.631]

[Page 588-589]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 14_LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS
 
Sec.  14.631  Powers of attorney.

    (a) A power of attorney, executed on either Department of Veterans 
Affairs Form 21-22 (Appointment of Veterans Service Organization as 
Claimant's Representative) or Department of Veterans Affairs Form 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 paragraph (b) of this section 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) An attorney engaged by a client may state in a signed writing on 
his or her letterhead that the attorney is authorized to represent the 
claimant. This evidence of authorization shall be equivalent to an 
executed power of attorney and shall be presented to the Department of 
Veterans Affairs regional office that has jurisdiction over the claim 
for filing the claimant's claims folder.
    (c) The Secretary may, for any purpose, treat a power of attorney 
naming as a claimant's representative an organization recognized under 
Sec.  14.628, a particular office of such an organization, or an 
individual representative of such an organization as an appointment of 
the entire organization as the claimant's representative, unless the 
claimant specifically indicates in the power of attorney a desire to 
appoint only the individual representative. Such specific indication 
must be made in the space on the power-of-attorney form for designation 
of the representative and must use the word ``only'' with reference to 
the individual representative.
    (d) An organization, representative, agent, or attorney named in a 
power of attorney executed pursuant to paragraph (a) of this section may 
decline to

[[Page 589]]

accept appointment as a claimant's representative by so notifying the 
claimant and the agency of original jurisdiction in writing prior to 
taking any action on the claimant's behalf before the Department of 
Veterans Affairs after execution of the power of attorney by the 
claimant.

    Note to Sec.  14.631(d): Written notification to VA may be submitted 
via hand delivery, mail, electronic mail, or facsimile.

    (e) Questions concerning the validity or effect of powers of 
attorney shall be referred to the Regional Counsel of jurisdiction for 
initial determination. This determination may be appealed to the General 
Counsel.
    (f)(1) Only one organization, representative, agent, or attorney 
will be recognized at one time in the prosecution of a particular claim. 
Except as provided in Sec.  14.629(c) and paragraph (f)(2) of this 
section, all transactions concerning the claim will be conducted 
exclusively with the recognized organization, representative, agent, or 
attorney of record until notice of a change, if any, is received by the 
appropriate office of the Department of Veterans Affairs.
    (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.
    (g)(1) 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.
    (2) If an attorney submits a letter concerning representation under 
paragraph (b) of this section 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.

(Authority: 38 U.S.C. 501(a), 5902, 5903, 5904)

[43 FR 46535-46537, Oct. 10, 1978, as amended at 53 FR 52421, Dec. 28, 
1988; 68 FR 8546, Feb. 24, 2003]