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Wisconsin National Guard Family Conference

Wisconsin National Guard Family Conference. Wisconsin National Guard Office of the Staff Judge Advocate. Lt Col David Dziobkowski Staff Judge Advocate 115 th Fighter Wing Wisconsin Air National Guard. OVERVIEW. Wills Powers of Attorney Servicemembers Civil Relief Act

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Wisconsin National Guard Family Conference

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  1. Wisconsin National GuardFamily Conference Wisconsin National GuardOffice of the Staff Judge Advocate Lt Col David Dziobkowski Staff Judge Advocate 115th Fighter Wing Wisconsin Air National Guard

  2. OVERVIEW • Wills • Powers of Attorney • Servicemembers Civil Relief Act • Uniform Services Employment Reemployment Rights Act. • Legal Assistance to Dependents.

  3. Wills • Controls disposition of real and personal property • Appoint Personal Representative/Executor • Name guardians and establish trusts for minor children

  4. You May Need a Will • You may need a will if: • You have minor/dependent children • You have children from a prior marriage • You want to give specific property to a beneficiary • You would like to add a beneficiary • You would like to disinherit a beneficiary

  5. You May Not Need a Will • You may not need a will if: • You are single without children/dependents • You are not giving specific property to a beneficiary • You are not adding a beneficiary to your will • You do not want to disinherit a beneficiary

  6. State Intestacy Law If you die without a will, your estate will be distributed according to state law as follows: • Spouse • Children (grandchildren) • Parents • Siblings • Nieces & Nephews • Grandparents

  7. Life Insurance and Your Will • Life insurance is NOT subject to your Will unless you designate that proceeds be paid to your estate • Insurance company will pay the beneficiary you list on the policy • You can designate a trust established in your Will (FBO minor child) as beneficiary • Critical to review and coordinate beneficiary designations with the terms of your Will

  8. Powers of Attorney • Allows others to act on your behalf • You are legally responsible for your agents acts • Not required to be accepted by third parties

  9. Types of Powers of Attorney General – very broad, the person you appoint can do anything you can do. – very dangerous – use caution! Special / Limited – only grants that power specified in the POA document. – child care, buy or sell property, loans Health Care – you appoint someone to make your medical decisions if you are incapacitated.

  10. Living Wills • Advance directive for end-of-life care • May direct: • Withholding of life support, heroic measures • No resuscitation • Withholding of hydration, nourishment • Organ donation • Comfort Measures • Can be incorporated into HCPOA

  11. ServicemembersCivil Relief Act(SCRA) • Applies to military personnel on Title 10 orders. • Effective upon receipt of active duty orders.

  12. Servicemembers Civil Relief ActSCRA – Principal Protections • 6% interest rate cap on preexisting debt • Stay of civil legal proceedings • Ability to reopen a default judgment • Statute of Limitations. • Time in military service excluded from SOL computation • Protection from eviction • Ability to terminate residential and/or vehicle leases

  13. Uniform Services Employmentand Reemployment Rights Act(USERRA) • Employment protections • Protects employees from unlawful discrimination by an employer due to military affiliation • Applies to all military duty – IDT, AT, or Active Duty

  14. Uniform Services Employmentand Reemployment Rights Act(USERRA) • Reemployment protections • Job reinstatement • Status and seniority • Training • Protection against discharge • Reinstatement of health benefits

  15. Job Reinstatement Criteria • Must have held a civilian job (not temporary) • Must provide notice to employer you are leaving for military service • Character of Service – Must have been released from service under "honorable conditions" • Must promptly return to work • Duration – Determines how soon must request reinstatement

  16. Primary Points of Contact for USERRA Enforcement • National Committee for Employer Support of the Guard and Reserve (ESGR). • (608) 242-3169 – Mr. Michael L. Smith • U.S. Department of Labor, Veterans Employment and Training Service (VETS). • (608) 266-3110 – Mr. Daniel Schmitz

  17. Legal Assistance to Dependants • Available through local military installation. • Limited to: • Wills and Powers of Attorney • SCRA • USERRA • General Civil Matters

  18. QUESTIONS

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