Disclaimers

2. Disclaimers • Educational Webinar – does NOT constitute legal advice! • These topics are governed by state statutes and vary state by state. • 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!

3. 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

4. What is a Power of Attorney? • A legal document that authorizes another individual to act on your behalf. • The person acting on your behalf is making decisions as if they are you • You are legally bound by the decisions that authorized individual makes • Generally valid for a specified time • Different types of POA (financial, health care, etc.)

5. 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

6. General Power of Attorney v. SpecificPower of Attorney

7. 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.

8. Durable/ Springing POA • Gives an individual the authority to make financial decisions on your behalf when you are deemed to be incapacitated • ONLY becomes active when a doctor has determined that you lack the capacity to make decisions for yourself • Can be as broad or limiting as the individual chooses

9. Granting Authority to Multiple People • Alternate POA • If the primary person is unable or unwilling to act on your behalf, you can have an alternate designee • Dual POA • 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

10. Health Care POA • Gives an individual the authority to make decisions regarding your heath care or medical treatment • ONLY becomes active when a doctor determines that you lack the capacity to make decisions for yourself • Can include hospital visitation privileges • Access to medical records • State filing requirements – military exemption • Alternative HCPOA & Dual HCPOA

11. 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.) • 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 • Does not become effective unless you are incapacitated; until then, you’ll be bale to say what treatments you do or do not want

12. PADDPerson 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 • This person must be designated on military paperwork – DD93 • Responsible for any funeral costs exceeding the burial entitlement

13. 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.

14. The End!