While you're away on deployment, situations may arise at home when you need someone to act on your behalf. But if financial accounts, household services, or other business affairs are under your name, your family may be powerless to help.
That's why it's important to take a critical pre-deployment step: creating powers of attorney with the help of your military legal service office.
A power of attorney is a legal document that allows a person you trust — called your agent — to make transactions that would normally require your signature, such as cashing checks, filing taxes or selling property. There are several types of documents that apply to different situations, such as financial and healthcare matters. The legal service office can assist you with choosing and completing the correct forms.
Types of Power of Attorney:
§ General power of attorney: This gives your agent almost complete legal authority over your personal and financial affairs. However, the general power of attorney expires if you die or become incapacitated. For that reason, a common practice is to establish a durable power of attorney, a clause in the document that remains in effect even if you become incapacitated. The durable power of attorney only expires if you die or revoke the document.
§ Limited power of attorney: This document is more specific than the general power of attorney, authorizing another person to perform only the tasks you list during a certain period of time, or in certain circumstances.
Healthcare Documents
§ Living will: This document designates medical procedures you want taken if you become too ill to make a decision. You can specify types of treatment you want to reject or accept. Discuss these decisions in advance with the help of your doctors, and leave a copy of your living will with them.
§ Durable health care power of attorney: This allows you to appoint someone to make healthcare decisions on your behalf if you become incapacitated. Have a lawyer who specializes in this field prepare it to comply with state law.
Before you're deployed, make sure your loved ones are aware of the powers of attorney, and that your financial institutions approve the documents.
posted 8/5/2009