How to obtain and understand.
by Kim Ryder, Navy ombudsman
The months leading up to a deployment can be miserable. You and your spouse are coping with fears and uncertainties; the last things you’d like to discuss are power of attorney, wills and living wills. But creating these documents should be on the top of your to-do list. They take little time and effort to obtain and can save you hassle later on.
A power of attorney is a legal and binding document that gives someone else the ability to act on your behalf. There are several different types that give the “principal” (you, the person granting the power of attorney) the ability to decide which affairs you want managed. A power of attorney can be given a time frame of effectiveness and can also be withdrawn at any time.
A will is a legal document that allows you to control what happens to your property, affairs, children and dependents after death. Without a will, the delegation of your property; the guardianship of your children and dependents; and your affairs will be decided by a probate court. The results may not be what you’d hoped for.
A living will is an “advanced directive.” It allows you to state how you want to be treated prior to the administration of medical care in a situation where you are unable to communicate. It can also establish limits on medical and funeral
costs that can easily drain an estate and leave loved ones with bills. Both service member and spouse should have a will and living will, especially if they have children or own property.
How do the two of you go about obtaining these documents? Power of attorney can most likely be obtained at your service member’s command legal department. The command is generally relieved to see this completed ahead of time.
Depending on the size of the command and its available resources, the command legal department may or may not be able to handle wills and living wills. But don’t panic! Most instillations have a separate legal office that is free and open to service members and their dependents. Call ahead to see if an appointment is required.
Obtaining a power of attorney, will or living will won’t make time apart any easier, but it just might give you a little peace of mind—a valuable commodity during deployment.