Presentation on theme: "Disclaimers Educational Webinar – does NOT constitute legal advice! These topics are governed by state statutes and vary state by state. o Names of."— Presentation transcript:
Disclaimers Educational Webinar – does NOT constitute legal advice! These topics are governed by state statutes and vary state by state. o Names of documents also vary If you have a legal question or need help drafting the documents we will cover, you need to contact your local JAG office or an attorney in your area!
Overview of topics General & Specific Powers of Attorney Durable/ Springing Power of Attorney Health Care Power of Attorney Living Will PADD – Person Authorized to Direct Disposition of Remains Wills & Estate Planning
What is a Power of Attorney? A legal document that authorizes another individual to act on your behalf. o The person acting on your behalf is making decisions as if they are you o You are legally bound by the decisions that authorized individual makes o Generally valid for a specified time o Different types of POA (financial, health care, etc.)
Financial POA Gives someone the authority to make financial decisions on your behalf. Examples Open/Close Bank Accounts Cash checks Purchase Real or Personal Property Take out a mortgage Lease property Enter into a contract
General Power of Attorney Specific Power of Attorney v.
General vs. Specific General Any and all financial decisions Not limited in its scope Specific Limited to a particular financial transaction EXAMPLE: “Jessica Huskey is authorized to close my Navy Federal Account” – Only able to close that account; I can’t use that POA to take out a mortgage on a home.
Durable/ Springing POA Gives an individual the authority to make financial decisions on your behalf when you are deemed to be incapacitated o ONLY becomes active when a doctor has determined that you lack the capacity to make decisions for yourself o Can be as broad or limiting as the individual chooses
Granting Authority to Multiple People Alternate POA o If the primary person is unable or unwilling to act on your behalf, you can have an alternate designee Dual POA o Designate more than one individual to have the authority to act Can give authority to act independently of one another Can give certain powers to certain people The designees must agree on all decisions
Health Care POA Gives an individual the authority to make decisions regarding your heath care or medical treatment o ONLY becomes active when a doctor determines that you lack the capacity to make decisions for yourself o Can include hospital visitation privileges o Access to medical records o State filing requirements – military exemption o Alternative HCPOA & Dual HCPOA
Living Will/ Advanced Health Care Directive A legal document that makes known a person’s wishes regarding life prolonging medical treatments (i.e. feeding tubes, etc.) o Indicates which medical treatments you do or do not want applied to you in the event you either suffer from a terminal illness or are in a permanent vegetative state o Does not become effective unless you are incapacitated; until then, you’ll be bale to say what treatments you do or do not want
PADD Person Authorized to Direct Disposition of remains Individual who is responsible for making all burial decisions such as final place of internment, cremation, organ donation, funeral arrangements, and disposition of potential subsequent remains o This person must be designated on military paperwork – DD93 o Responsible for any funeral costs exceeding the burial entitlement
Wills & Estate Planning A legal document that passes real and personal property after that person’s death For same-sex couples, a Will is absolutely necessary! If a person dies without a Will, the property will pass according to state law. A Will is also necessary to obtain the personal effects of a fallen service member if you are not designated as the PNOK.