Powers of Attorney, Wills, and Estate Planning
By Heather King Navarrete
A couple wants to go on vacation, so they visit their local Naval Legal Service Office (NLSO). They are going
to travel by plane, so they want to make out their wills - just in case. Military attorneys are seeing stories like these
walking into their offices more and more these days. Danger seems more real to us in this post-September 11 era. A sense of
our own mortality has intensified.
More people are taking proactive measures now to make sure that something is in place to speak for them when
they can't speak for themselves, says Lt. JG Ian Preston Wolf, legal assistance attorney at NLSO Southwest. Whether you're
on active duty or you're a stay-at-home mom, there are simple proactive measures that everyone should take, he says.
What Everyone Should Do
Have a springing durable power of attorney drawn up. There are many different powers of attorney for different situations, but this is one that everyone
should have. A springing durable power of attorney "springs" into effect if you become disabled and cannot act on your own
behalf. It's a wise long-term tool, says Wolf, because it eliminates possible confusion later on.
"Taxes are still due, car dealers will still want their money, and all of those things still need to be paid,"
he says. This type of POA allows you to designate someone to act on your behalf and handle all of your affairs if you are
unable to do it yourself. Because this legal document is durable, it has no time limit. It endures through the years.
Have a springing durable health-care power of attorney drawn up. This is much like the springing durable power of attorney, but is confined to the issues of health
care. With this POA, you grant a trusted friend or family member the power to make all decisions regarding your health care
in the event you are incapable of making decisions.
"What you are saying is, 'I grant you the power to act on my behalf as if you were me,'" says Wolf. With this
POA, you have the opportunity to articulate specific requests regarding prolonging your life. When you have a document that
states specifically what your wishes are, it eases the burden of the loved ones in a very difficult situation, Wolf says.
In some states, the springing durable health-care power of attorney replaces the need for a living will.
Make a careful decision. With any power of attorney, when you designate someone to act on your behalf, it
is very important that you choose this person carefully. It should be a family member or a good friend whom you trust 100
percent. If you trust the person 95 percent, says Wolf, that person should not be designated to handle your affairs.
Wolf also warns that you should designate a person because you think he or she is best suited to execute your
wishes under difficult circumstances, not because you fear the person will be offended if you don't designate them. "If you
don't think your mother will be able to cope under very difficult circumstances, then think about asking someone else to act
on your behalf," he says. "Don't feel obligated to ask her just because she is your mother."
What Most Should Do
Make a will. A young Sailor or Marine who is single with no children and has no real assets may not need to worry about
making a will because, under many state laws, any assets of a single person automatically go to his or her parents. However,
if you are married, have children, or own assets that you would like to have divided among a number of people - whether you
are active duty, retired, or a family member - it is a good idea to make a will.
Wills should be updated if there are any lifestyle changes such as divorce, remarriage, the birth of a child,
the death of anyone in the will, and, in some cases, a change of residency.
Every person who has a child should have a will made out, says Wolf. In the event of death, the will serves
as your expression of intent as to what should happen with your children.
What Some Should Do
Prepare your estate. If your assets add up to more than $1 million, says Wolf, it's a good idea to seek the advice of an estate planner.
This person will help you plan how your assets can be divided, in the event of your death, so that your heirs are not burdened
with having to pay high estate taxes. Most people don't realize how quickly their assets add up, he says. But if you and your
spouse have a substantial amount of life insurance and you own a house and cars, by the time bank accounts and investments
are added in, it is very possible that the amount will begin to stretch toward that taxable amount. Wolf recommends finding
a specialist in the area where you plan to reside.
"You should have an ongoing relationship with your estate planner," he says. "He or she needs to be aware
of your personal circumstances and how they relate to the laws in the state where you plan to reside."
Although some military attorneys handle estate planning, it may not always be the best option for the individual,
says Wolf, because these attorneys will change states every two to three years, making them less aware of specific state laws
and less accessible in the long haul. Check with your Navy or Marine Corps legal assistance office for a civilian referral list.
What Everyone Should Know
Legal assistance is available at no cost to all active-duty military and dependants who hold military identification cards. Most
powers of attorney and wills can be completed on the day of the appointment. Although the process of drawing up these documents
is not difficult, too many of us avoid the process altogether. Many people don't want to address these issues because they'd
prefer to have somebody else worry about it later, says Wolf. But planning for your future is actually a painless way to save
your loved ones from having to make painful decisions in difficult situations.
