Military Power of Attorney
You’ve probably heard of a Power of Attorney (POA), which allows you to choose someone to manage your financial, legal and personal affairs when you can’t. With a Military Power of Attorney, soldiers can give family members the power to act on their behalf without worrying about local requirements: generally speaking, the document is legally binding regardless of state laws. This simplifies things for spouses and other family members, who can cash a soldier’s paychecks, file tax returns, buy or sell a house, obtain military ID cards, qualify for government housing and enroll in the Defense Enrollment Eligibility Reporting System (DEERS).
All powers of attorney involve two parties: the person granting the authority, known as the grantor or principal, and the person who is given the power to act, known as the agent or attorney-in-fact.
There are also several different types of POAs, and they can be customized to your needs. The same goes for Military POAs. Think about whether you’d like your agent to be able to handle your affairs over a long period or just temporarily, and whether you only need certain things taken care of:
- A Durable POA applies for whatever period you choose, even if you become incapacitated and cannot act for yourself.
- A Non-Durable POA is void if you become incapacitated.
- A Springing POA goes into effect at a specifically defined time, such as when you leave the country or if you’re injured.
- A General POA grants sweeping powers for your agent to handle most financial and legal matters.
- A Limited POA, also know as a specific or special POA, applies only to the matters you specify. For example, you can designate someone to manage your checking account, or choose someone to act in loco parentis—in the place of a parent—to care for your children.
- A Medical Power of Attorney allows you to choose someone to make healthcare decisions on your behalf if you are unable to do so.
Living Will
A Living Will is often confused with a Last Will, but it’s a much more specific document. It’s a legal way to lay out wishes for one of the most stressful situations a family can face: making decisions about life-sustaining treatments for someone who is expected to die. Although you can use a Healthcare Power of Attorney to designate someone to act on your behalf for a wide range of medical issues, a Living Will is written specifically for end-of-life decisions.
It’s also considered to be one of the cornerstones of a complete estate plan. It’s especially important to create one if you have strong feelings about how you would like to be cared for if you were in a coma or other unresponsive state. It could cover such topics as mechanical breathing, resuscitation and feeding tubes.
While it’s impossible to plan for every situation, a Living Will can give families clarity on how to make decisions during a very difficult time.
Last Will and Testament
Everyone needs a Will, but most people don’t have one. According to a Rocket Lawyer survey, that includes 64% of Americans.
But when someone dies without a Will, generic state rules kick in, and a judge will likely decide how your property is distributed and who will care for your children.
It’s critical for a loved one, who is putting their life on the line, to have a Will in place. If you’re a service member, you’ll probably want to have a written record of your wishes—whether it’s specific or just a general outline. You can also use a Will to name guardians for your children. Most importantly, a well-written Will provides a roadmap for a grieving family to navigate bureaucratic hassles.
Once you and your family members have created your legal documents, make sure they are stored in a safe place and that others know where they are.
Additional important legal documents for service members
When you are deployed, you may not be readily available to make financial and medical decisions on behalf of your family. There are several documents that are ideal to have in place to give your spouse the freedom to take care of those decisions. These include:
- Medical Power of Attorney – In lieu of outlining your healthcare decisions as you would in a Living Will, a Medical Power of Attorney allows you to grant decision-making powers to a trusted representative, such as a spouse, family member or close friend.
- Power of Attorney for Child – As a parent who is being deployed, you’ll want to make sure that your children are cared for. A Power of Attorney for Child allows you to grant decision-making power to another caretaker, such as a grandparent or nanny, in your absence. The timeframe of this document is generally limited to six months when not related to military service. However, Federal law allows the power of attorney to last for the full duration of deployment when it comes to military service members who are parents of minor children.
Preparing for deployment means thinking of many things, including legal matters for your children, spouse, and other family members. If you have further questions about how you can make sure they’re protected, consult a Legal Pro so you can be confident you have the right protections in place before you deploy.
Please note: This page offers general legal information, not but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.
