**§14.631 Powers of attorney; disclosure of claimant information.**

\(a\) A power of attorney, executed on either VA Form 21-22,
"Appointment of Veterans Service Organization as Claimant's
Representative," or VA Form 21-22a, "Appointment of Attorney or Agent as
Claimant's Representative," is required to represent a claimant before
VA and to authorize VA's disclosure of information to any person or
organization representing a claimant before the Department. Without the
signature of a person providing representation for a particular claim
under §14.630 of this part or an accredited veterans service
organization representative, agent, or attorney, the appointment is
invalid, and the person appointed to provide representation is under no
obligation to do so. 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

\(iv\) An individual providing representation on a particular claim
under §14.630 of this part or an accredited veterans service
organization representative, agent, or attorney; and

\(2\) Shall be presented to the appropriate VA office for filing in the
veteran's claims folder.

\(b\) VA may, for any purpose, treat a power of attorney naming as a
claimant's representative an organization recognized under §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.

\(c\) An organization, individual providing representation on a
particular claim under §14.630, representative, agent, or attorney named
in a power of attorney executed pursuant to paragraph (a) of this
section may withdraw from representation provided before a VA agency of
original jurisdiction if such withdrawal would not adversely impact the
claimant's interests. This section is applicable until an agency of
original jurisdiction certifies an appeal to the Board of Veterans'
Appeals after which time 38 CFR 20.608 governs withdrawal from
representation before the Board. Withdrawal is also permissible if a
claimant persists in a course of action that the organization or
individual providing representation reasonably believes is fraudulent or
criminal and is furthered through the representation of the organization
or individual; the claimant fails to uphold an obligation to the
organization or individual providing representation regarding the
services of the organization or individual; or other good cause for
withdrawal exists. An organization or individual providing
representation withdraws from representation by notifying the claimant,
the VA organization in possession of the claims file, and the agency of
original jurisdiction in writing prior to taking any action to withdraw
and takes steps necessary to protect the claimant's interests including,
but not limited to, giving advance notice to the claimant, allowing time
for appointment of alternative representation, and returning any
documents provided by VA in the course of the representation to the
agency of original jurisdiction or pursuant to the claimant's
instructions, to the organization or individual substituted as the
representative, agent, or attorney of record. Upon withdrawing from
representation, all property of the claimant must be returned to the
claimant. If the claimant is unavailable, all documents provided by VA
for purposes of representation must be returned to the VA organization
in possession of the claims file. Any other property of the claimant
must be maintained by the organization or individual according to
applicable law.

> **Note to §14.631(c):** Written notification to VA may be submitted
> via hand delivery, mail, electronic mail, or facsimile.

\(d\) 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.

\(e\) (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 §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 VA.

\(2\) 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.

\(f\) (1) A power of attorney may be revoked at any time, and an agent
or attorney may be discharged at any time. Unless a claimant
specifically indicates otherwise, the receipt of a new power of attorney
executed by the claimant and the organization or individual providing
representation shall constitute a revocation of an existing power of
attorney.

\(2\) If an agent or attorney limits the scope of his or her
representation regarding a particular claim by so indicating on VA Form
21-22a, or a claimant authorizes a person to provide representation in a
particular claim under §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)

(The Office of Management and Budget has approved the information
collection requirements in this section under control number 2900-0321.)

\[43 FR 46535--46537, Oct. 10, 1978, amended at 53 FR 52421, Dec. 28,
1988; 61 FR 7216, Feb. 27, 1996; 68 FR 8546, Feb. 24, 2003; 73 FR 29873,
May 22, 2008\]

**Supplement *Highlights* reference**: 83(3)