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1 Ninth District Legal Assistance Program Legal Assistance Briefing PSU 309 Yellow Ribbon Event June 11, 2012 Steve Lynch, D9 Legal Assistance

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Presentation on theme: "1 Ninth District Legal Assistance Program Legal Assistance Briefing PSU 309 Yellow Ribbon Event June 11, 2012 Steve Lynch, D9 Legal Assistance"— Presentation transcript:

1 1 Ninth District Legal Assistance Program Legal Assistance Briefing PSU 309 Yellow Ribbon Event June 11, 2012 Steve Lynch, D9 Legal Assistance stephen.t.lynch@uscg.mil O: 216-902-6010 or C:216-214-4545

2 2 Briefing Covers l Overview of Services l Legal Highlights l Reemployment Rights l Wills and Powers of Attorney l SGLI l SCRA l Questions & Comments

3 3 Legal Assistance Program Includes l Individual Client Legal Services Advice Referral Documents - Letters Limited Representation – Not in-court l Topics Non-criminal matters Wills, powers of attorney, landlord-tenant, consumer, Servicemembers Civil Relief Act (SCRA), family law, immigration, others

4 4 Overview – Things to Know l Landlord Tenant Early Termination – PCS or 90+ TAD No Eviction with Court Order Ohio – No Termination of Utiilties l Vehicle Lease Early Termination – PCS OCONUS or 180+ TAD l Consumer Law Active Duty Alert Ohio Attorney General – Expedited Processing Pre-Service Loans – 6% Interest

5 5 Overview – Things to Know l Civil Court Hearings AND Administrative Hearings 90 Day Delay or MORE as Needed l Default Judgments – Special Protections l Foreclosure – Special Protections l Reemployment Rights – Special Protections l Ohio – School Enrollment – Special Protections l Ohio – Income Tax – Military Pay Exempt Once Stationed or Deployed Outside Ohio

6 6 Overview – Things to Know l Mortgages and Credit Cards Let Lender Know Military Status Ask for Military Rate or 6% rate (whichever is better deal) l Watch Out for Scams Military Affiliations Too Good to be True? COUNTERFEIT CASHIERS CHECKS & MONEY ORDERS l DONT DEPOSIT $$$ and THEN WIRE TO SOMEONE ELSE!!!

7 USERRA l Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) l Department of Labor l VETS – Veterans Education and Training Srv. l www.dol.gov/elaws/userra0.htm l Employers Support to Guard & Reserve ESGR http://esgr.org/site/ 7

8 USERRA (cont.) l Watch out for undue hardship claim by employer! Claims that reemployment causes undue hardship Contact VETS immediately l VETS Form 1010 l FY 2010 Stats DoL – 1438 new cases opened/reviewed ESGR – 3200 cases opened by ombudsman More info http://www.dol.gov/vets/programs/userra/ 8

9 9 Legal Topics – Family Law l Family Law Custody & Support – Get it spelled out BEFORE you deploy or PCS Guardianship vs POA – School CG Support Guidelines l COMDTINST M1600.2 para 2E.3.c in Adoption l COMDTINST 1754.9A

10 10 Powers of Attorney (PoA) l POA – designate agent to act on behalf of principal POA – designate agent to act on behalf of principal l Agent has same legal authority as principal for those acts Agent has same legal authority as principal for those acts l Others may refuse to honor a POA or insist on revisions Others may refuse to honor a POA or insist on revisions So … check ahead of time.

11 11 General vs. Special POA l General POA – agent can do ANYTHING principal could do Worst cases do occur l Special POA – limits agents authority Recommended – lowers risk Out of 100 POAs – how many SPOAs?

12 12 Special PoA l Special PoAs are recommended for: Household goods - Possession/moving Housing – Accept/terminate/ clear Use/license/register autos (not sell) Handle legal proceedings Collect money due you

13 13 Advanced Medical Directives l Living Will or Directive to Physician When to take off life support How to be treated in end state l Medical POA Appoint someone to make medical decisions for you

14 14 SGLI v. Wills l SGLI is paid outside probate l Will generally does not affect who gets SGLI -- SGLV form controls Will – Everything to my spouse SGLI – Everything to my parents Question – Who Gets More? For most – the parents l Rule of Thumb: If your will needs to be updated, check to see if SGLI needs updating too

15 15 Who needs a will? l Individual call Ordered to get one? Not a good idea l Most need one, especially those with children or who may have children l Without will – court appoints executor That means time and $$$ Will

16 16 How to Get One l Fill Out Questionnaire Complete Questionnaire – handout or on d9 legal web site Email/Fax completed form to me l Call if you have questions l Draft sent to you for review l Time set up for execution before notary and two witnesses Will

17 17 In-State Tuition Members of Armed Forces on active duty for period of 30 days or more and their families are eligible to receive in-state tuition at public colleges and universities where they reside or are permanently stationed Section 135, Higher Education Opportunity Act – Effective July 1, 2009

18 18 Legal Contact Points l For Legal Assistance D9 - Call (216) 902-6010 EAP - 1(855)247-8778 Ft. Drum, NY – (315)772-5261 Great Lakes, IL - 847-688-4753 x112 Law School Clinics l Cooley Law School (MI)– Service to Soldiers Clinic l Call Heather Spielmaker, (517)371-5140 x4112 Helpful Web Sites: - www.uscg.mil/d9/D9Legal/ - www.statesidelegal.com - www.jagcnet.army.mil/legal

19 19 l Common Questions Whats the difference between a lawyer and a herd of buffalo? How can you tell when its REALLY cold outside? Why do so many lawyers have broken noses? l Thanks – trust me, Im a …. Office: (216)902-6010; Cell: (216)214-4545 stephen.t.lynch@uscg.mil Questions & Comments


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