Legal Affairs

Whether a Servicemember is married or single, has children or not, legal affairs and planning should be considered an essential task to be completed prior to mobilization and deployment. Preparing for this possibility is critical to avoid unnecessary hardship and legal difficulty on those loved ones left at home.

Minnesota Army and Air National Guard personnel, and their families, get legal assistance here.

Will, Living Will and Medical Directives

Although there are many ways to write a will, it is critical that the Servicemember's will be within the laws of the state in which they reside. Licensed legal counsel is the best alternative to formulate a will. The Judge Advocate General is the best resource to help you. The Servicemember’s unit will provide an opportunity to meet with JAG prior to deployment.

Power of Attorney

A Power of Attorney, or PoA, is a document that allows a designated person as the legal authority to act on the Servicemember's behalf when they are unavailable. Most PoA have a beginning and an ending date. Many Servicemembers set the length of their PoA based on when they are due to return from deployment or training. If a PoA is desired, it should be effective for no more than the period necessary to accomplish the purpose, and it is not recommended to be given for more than a period of one year.There are two primary types of PoA:

• General: A general PoA gives the designated representative the authority to conduct any transaction on the Servicemember's behalf.
• Limited/Special: A limited or special PoA grants the representative the right to act on the Servicemember's behalf for a specific transaction.

JAG will help set up a will and PoA. The Servicemember’s unit will provide an opportunity to meet with JAG prior to deployment.

Servicemember Civil Relief Act

Passed by Congress to provide protection to persons entering or called to active duty in the United States Armed Forces. The protection begins on the date the Servicemember enters active duty service and terminates upon release from active duty. However, some protections under the act extend for a limited time beyond discharge, but are tied to the discharge date. Additionally, some of the protections provided by the act extend to the Servicemember’s family.

More Info: Website

A common benefit of the act is the management of credit card debt. The SCRA clearly states that no interest above 6% can accrue for prior credit obligations. Examples of obligations you may be protected against:

• Outstanding debt
• Mortgage payments
• Taxes
• Termination of Lease agreements

For a sample Servicemember Civil Relief Act request letter, click here.