Legal preparation essential for deploying Airmen

  • Published
  • By Capt. Shelley Cole
  • 4th Fighter Wing assistant staff judge advocate
Legal problems back home can create a huge amount of stress for deployed members and their families.

Not only do legal problems cause a significant amount of stress on the individual, they can also have an adverse effect on mission accomplishment.

To help alleviate this stress, Airmen must take care of as many potential problems as they can before they deploy.

Many people assume they can ignore court orders and judgments while they are deployed and sort it all out when they return.

That's incorrect.

The Servicemembers Civil Relief Act, which was designed to make sure that men and women serving our country have their day in court and that default judgments would not be entered against them while they are unable to appear due to national service, must be invoked.

However, it is not automatic. If an Airman has a court date, custody hearing, or other legal issue while they are away, they should see a legal assistance attorney, or if they have hired a civilian attorney, discuss this situation with them.

Another way for Airmen to properly handle legal matters is by preparing a will.
A will is an opportunity to make it known to others how an Airman would like their property to be distributed in the event of their death.

This is a touchy subject for some to discuss, but deploying often makes Airmen confront the reality that tomorrow is not promised. They need to take care of their families to the best of their ability, even after their death.

As part of the drafting process, they appoint someone they trust to be in charge of their estate. That person is called an executor or personal representative.

Airmen also have the opportunity to appoint a guardian for their minor children.
It is important to remember that after an Airman has created a will, it should be discussed with the people appointed.

A properly drawn and executed will remains valid until it is changed or revoked.

However, changes in circumstances after a will has been made, such as tax laws, marriage, birth of children or even a substantial change in the nature or amount of a person's estate, can affect whether their will is still adequate. Dying without a will is known as dying "intestate," and generally, property will pass according to the laws of the Airmen's state of residence.

Two other important legal options that Air Force members may want to consider while thinking about their future are healthcare powers of attorney and advance medical directives.

Advance medical directives, commonly known as living wills, have been in the news for the past couple of years. A living will is a document separate from a will that provides instructions to an Airman's healthcare provider in the event that an Airman becomes incapacitated and are in a terminal condition. This is their chance to tell their doctor if they want life support, artificial feeding, organ transplants or blood transfusions to help keep them alive.

Healthcare powers of attorney allow the Airman to select someone to make medical decisions for them in the event they become incapacitated. The healthcare power of attorney will mirror the living will.

The document typically does not expire. It only becomes effective if the Airman is unable to make informed decisions regarding medical treatment options, but it is not limited to terminal conditions.

A power of attorney is a legal document that allows an individual to delegate authority to another to accomplish an act or acts in the name of and for the benefit of the individual.

There are two types of powers of attorney: a general power of attorney and a special power of attorney.

A GPOA gives the agent the authority to do just about anything the principal can do by acting on behalf of the principal.

A SPOA gives the agent limited authority to do a specific act or acts in the principal's name such as sell a specific car or house.

Any third party (business, bank, etc.) has the right to refuse to accept a power of attorney.
Many financial institutions and businesses prefer SPOAs or may even have their own powers of attorney which they prefer to be used to conduct business. A power of attorney should be given for only a limited time period such as six months during a deployment.
An Airman may revoke a power of attorney before its expiration date by executing a revocation of the power of attorney.

Notice of the revocation must be delivered to the agent, as well as to all third parties who you know relied on the power of attorney. If possible, recover the document from the attorney-in-fact and destroy the original and all copies. Even though it has been revoked, the Airmen may be responsible to any third party who did not receive notice of the revocation.

Although not every person wants or needs a will, health care directive or power of attorney, consult an attorney to discuss legal affairs well before mobilization. Legal assistance attorneys are available to advise active duty, activated Reservists, retirees and dependents.

For more information, call 722-5322.