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NEWS | April 3, 2006

What can legal do for you?

By Capt. Philip P. Tumminio Chief of Civil Law

Pre-deployment is an exciting and potentially nervous time as Langley Airmen prepare to take the fight abroad.

Airmen can easily miss a detail in the midst of this enthusiastic preparation which might have legal consequences for the Airmen or their families during the deployment. Fortunately, the 1st Fighter Wing Legal Office is ready and willing to assist with “legal readiness” to allow Langley Airmen to focus on mission and family.

The following tips can help ease the stresses of deployment:

Powers of attorney

The Legal Office prepares POAs on a walk-in basis every day of the week. POAs are legal documents that allow you to designate an agent to handle your affairs in your absence. There are two kinds of POAs. General POAs are extremely broad and authorize your agent to conduct all manner of business in your absence. Special POAs authorize your agent to conduct a particular kind of business in your absence. Many agencies like finance and personnel will only accept Special POAs. Before entrusting your affairs to an agent with a POA, you should consider that no agency or business is required to accept a POA; and that POAs offer your agent the opportunity to create havoc with your interests. Many Airmen have returned from deployments to find their agent has emptied their bank account, driveway and house using the POA. Only give a POA to someone you trust. And remember, the best practice is to organize your affairs to avoid having to use a POA. Think: Can your bills be placed on auto debit? Can you set up an allotment? Can you bank online or over the phone?

Wills and medical documents

Make sure wills and medical powers of attorney (POAs) are current and accurately reflect your wishes. Wills are legal documents which allow Airmen to “give” their property away at the time of their death and name guardians for their children. Medical POAs are a type of special POA which allows the Airmen’s agents to make their medical decisions for them if they are incapacitated. While no one may force you to obtain a will, you should consider getting one if you own real estate, have children, are part of a blended family or have relatives whom you do not wish to inherit any of your property under “intestacy” laws. Intestacy laws are state laws which distribute a person’s property in the absence of a will. Property typically passes to immediate family members. Finally, make sure your executor, whomever is responsible for your affairs by a will and is entrusted to make sure that the will is enforced, knows where these and other important documents like birth and marriage certificates can be found. SGLI, insurance and non-probate assets Insurance policies are “non-probate” assets and are not affected by wills. Non-probate assets are assets that pass directly to new owners without the time and processing of a court proceeding. Ensure that your SGLI, insurance policies and any other devices which provide for direct transfer upon your death have current information.

Cars

The source of both gladness and grief. Are your insurance and registration set to expire in your absence? Is the car adequately insured for whoever may be driving it while you’re gone? Will your car become overdue for inspection the second you walk out the door?

Kids

Make sure that your family care plans are complete and accurate. If your child’s other natural parent will not be the child’s care provider, the potential for conflict in your absence exists. Beware, a POA will not trump the rights of natural parents, and you may require the appointment of a legal guardian of your child as a possible solution. If the caretaker is not a natural parent, you should consider seeing an attorney to discuss potential issues. Check with your child’s school to see what their requirements are for registration. Ensure someone has the legal power to procure healthcare for your children.

Court dates

The Servicemember’s Civil Relief Act (SCRA) may provide a stay for impending civil (i.e. non-criminal) court dates. If you have an impending criminal trial, you’re not deploying. If you have business before a judge and do not have representation, consult legal to see if the SCRA may help.