For military families, uncertainty comes with the territory, and with uncertainty comes all sorts of stress. There’s the major one: not knowing whether or not your
1. Military Durable Power of Attorney
2. Last Will and Testament
3. Wills and Testaments
For military families, uncertainty comes with the territory, and with uncertainty comes all sorts of stress. The main one is not knowing whether or not your loved one is alive and healthy. Then there’s the issue of whether your family will have to move or if your loved one will be deployed. And, with deployment, there’s a chance you’ll be out of contact for days or weeks. Add to it the millions of business matters that every family must attend to, and there’s a lot to consider.
There are several important legal paperwork to take care of ahead of time if your spouse, adult child, or another close family member is serving. In certain circumstances, you may even avoid the state-by-state restrictions and regulations that create unnecessary red tape when you travel regularly.
Table of Contents
1. Military Durable Power of Attorney
You’ve definitely heard of a Power of Attorney (POA), which enables you to choose someone to handle your financial, legal, and personal affairs when you are unable to do so. Soldiers may use a Military Power of Attorney to provide family members the authority to act on their behalf without worrying about local rules: the instrument is legally binding regardless of state legislation. This makes it easier for wives and other family members to cash a soldier’s salary, submit tax returns, purchase or sell a property, receive military ID cards, qualify for government housing, and enroll in the Defense Enrollment Eligibility Reporting System (DEERS).
All powers of attorney include two parties: the person granted the permission, referred to as the grantor or principal, and the person given the authority to act, referred to as the agent or attorney-in-fact.
There are numerous sorts of POAs, and they may be tailored to your specific need. The same holds true for military POAs. Consider if you want your agent to manage your affairs on a long-term or temporary basis, and whether you simply need particular items handled:
A Durable POA is valid for as long as you desire, even if you become incompetent and unable to act for yourself.
If you become incapacitated, your Non-Durable POA becomes null and invalid.
A Springing POA takes effect at a certain moment, such as when you leave the country or are injured.
A General POA gives your agent broad authority to handle most financial and legal problems.
A limited power of attorney, also known as a particular or special power of attorney, applies exclusively to the things you designate. You may, for example, appoint someone to administer your bank account or someone to serve in loco parentis (in the place of a parent) to care for your children.
A Healthcare Power of Attorney enables you to appoint someone to make healthcare decisions on your behalf if you are unable to do so yourself.
2. Last Will and Testament
A Living Will is sometimes mistaken with a Last Will and Testament, however it is a far more precise document. It’s a legal mechanism for a family to express their preferences in one of the most difficult circumstances a family can face: deciding on life-sustaining treatments for someone who is anticipated to die. While you may nominate someone to act on your behalf for a broad variety of medical difficulties with a Healthcare Power of Attorney, a Living Will is prepared exclusively for end-of-life choices.
It is also regarded as one of the pillars of a comprehensive estate strategy. It’s particularly crucial if you have strong emotions about how you’d prefer to be cared for if you were in a coma or other unresponsive condition. It might cover issues including mechanical ventilation, resuscitation, and feeding tubes.
Although it is hard to prepare for every eventuality, a Living Will may provide families with guidance on how to make choices at a difficult time.
3. Wills and Testaments
Everyone need a Will, although the majority of individuals do not have one.
Yet, if a person dies without a Will, typical state regulations apply, and a court will likely determine how your property is allocated and who will care for your children.
It is vital for a loved one who is risking their life to have a Will in place. If you are a service member, you should have a written record of your desires, whether they are precise or simply a basic outline. A Will may also be used to designate guardians for your children. Above all, a well-written Will offers a road map for a bereaved family to negotiate bureaucratic red tape.
After you and your family members have completed your legal papers, ensure sure they are kept secure and that others are aware of their whereabouts.
Preparing legal paperwork may be complicated, so speak with an attorney if you have any concerns about the documents you need for your circumstance or how to start.
