DisclaimersDisclaimers

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 topicsOverview 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 What is a Power of Attorney?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 timeo Different types of POA (financial, health care,

etc.)

Financial POAFinancial 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 General Power of Attorney Power of Attorney

SpecificSpecificPower of Attorney Power of Attorney

v.v.

General vs. SpecificGeneral vs. Specific

General General

Any and all Any and all financial decisionsfinancial decisions

Not limited in its Not limited in its scopescope

SpecificSpecific

Limited to a Limited to a particular financial particular financial transactiontransaction

EXAMPLE: “Jessica EXAMPLE: “Jessica Huskey is authorized Huskey is authorized to close my Navy to close my Navy Federal Account” – Federal Account” – Only able to close Only able to close that account; I can’t that account; I can’t use that POA to take use that POA to take out a mortgage on a out a mortgage on a home. home.

Durable/ Springing Durable/ Springing POAPOA

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 Granting Authority to Multiple PeopleMultiple People

Alternate POAo If the primary person is unable or unwilling to

act on your behalf, you can have an alternate designee

Dual POAo 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 POAHealth 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 privilegeso Access to medical recordso State filing requirements – military exemptiono Alternative HCPOA & Dual HCPOA

Living Will/ Living Will/ Advanced Health Care DirectiveAdvanced 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

PADDPADDPerson Authorized to Direct Person Authorized to Direct

Disposition of remainsDisposition 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 Wills & Estate PlanningPlanning

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!