We were prepping for our first deployment. I was feeling total prepared and on top of everything. After all, we had make the list, checked it twice, my freezer meals were ready to go and we had done all the home and car maintenance. But apparently I missed something. Rookie mistake!
My husband came home from work with a piece of paper and told me to keep it safe. This is a document that some people are familiar with and other are not. In that moment, it was totally new to me. And of course, I was totally taken aback from it. It was a Special Power of Attorney (POA).
So many things went through my mind: Why do we have this? Does my husband think something is going to happen? What could possibly go wrong where I would need this?
Thankfully, we did have it, because shortly after he left, several instances required me to have it readily available. So here is some information for anyone who maybe is wanting a little more information about this powerful little document.
What is a Power of Attorney (POA)?
A power of attorney (POA) is a legal document in which you give someone else control to act on your behalf and authority to make decisions for you. The person receiving POA powers is called the “agent”. When that person gives someone else power of attorney, it does not mean that they are no longer able to make decisions for themselves. It just gives someone else the ability to also act on their behalf should they need it.
If your SO is capable of making financial decisions – they can continue to do so. Having a POA in place means if they lose that ability for any reason, they grant the authority to someone else to make those decisions.
This is vital for military families dealing with separations and deployments for many reasons. For example, we sold our house while my husband was at training. Many of the documents needed were only able to be signed because I had POA to sign for him. They even required a physical copy of the POA to keep with the closing documents as proof.
Types of POAs
- General power of attorney: A general power of attorney gives the person you designate the power to perform almost any legal act on your behalf for a specified time. This can include managing bank accounts; selling, exchanging, buying or investing any assets or property; purchasing and maintaining insurance; and entering into any binding contracts. Make Note: most military legal offices will not do this type of POA and there are many situations where it is not accepted.
- Special or limited power of attorney: A special or limited power of attorney gives specific powers to the designated person for a specified time. When drafting a special power of attorney, list the particular decisions over which the designee has power.
- This is the POA that my husband and I use the most. It can make the document longer, but listing the different types of situations you may be in allows for no questions in whether you have authority.
- Durable power of attorney: A durable power of attorney remains valid even if you become incapacitated or unable to handle your own affairs. If you don’t specify a durable power of attorney, it’ll automatically end if you’re incapacitated in the future.
Benefits of a power of attorney as a MILSO
There are several benefits for having a POA completed and ready to go before deployments or long separations. Having a power of attorney as a MILSO can help ensure you can address whatever needs to be done. Here are just a few of the reasons a POA would be very important:
- Access family finances: By receiving a power of attorney, there is never a problem accessing bank accounts and financial information, especially during a deployment.
- Pay taxes and receive tax refunds: Even while deployed, you have to file a federal and state income tax return, unless an extension is given. The Internal Revenue Service generally requires your and your SO’s signatures to file income tax returns and to access refunds when filing jointly. So having the POA give you the ability to sign for you both.
- For a MILSO to be able to file a joint income tax return during deployment without a power of attorney, your SO will need to complete IRS Form 2848, “Power of Attorney and Declaration of Representation.”
- Receive emergency financial assistance: Each of the service branches offers emergency financial assistance through their respective relief organizations.
- Receive government housing: If your family is on the waiting list for government housing, you should notify the installation housing office before the deployment. If you, as the MILSO get power of attorney before the deployment, you and any children may be able to accept and move into government housing.
- Enroll newborn children in the Defense Enrollment Eligibility Reporting System, or DEERS: TRICARE Prime automatically covers your newborn baby for 120 days. To continue coverage after 120 days, enroll him or her through the installation ID card center. a MILSO must have either a general or a special power of attorney.
So How Do You Establish POA?
In order to establish POA your SO needs to contact the base or unit’s legal assistance attorney or JAG unit. If you have no idea where that is or how to get in touch with them then check out the Military Installations website.
- In the bottom search box you’ll select “Legal Services/JAG”
- Enter the installation where you’re currently stationed
- After hitting the “GO” button, results should populate with the available legal offices on your base.
- You’ll set up an appointment with your legal office and they’ll step you through the rest!
Establishing POA when your service member is deployed isn’t impossible, but it is difficult. So it is very important to obtain a POA prior to your spouse leaving. Consider this just one of the boxes you check off while you prep!
