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.

The End!