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NEWS | Nov. 20, 2007

Are you legally ready to deploy?

By Lt. Col. Steve Dubriske 437th Airlift Wing staff judge advocate

None of us would ever deploy to a combat zone without a flack vest and helmet. Why? These items provide us with protection ... and a little peace of mind.

Likewise, most of us are willing to take the pain associated with the various inoculations providing protection from biological attack. While we are diligent in protecting ourselves from these personal threats while deployed, we oftentimes neglect another aspect of the deployment process that protects not only ourselves, but also our families -- personal legal readiness.

I would argue that keeping your legal affairs in order is just as critical to the military mission as being healthy, well trained and physically fit. If you take care of your legal affairs before you deploy, you can concentrate on your deployed duties by not having to work personal problems from thousands of miles away with limited communications capability. Legal readiness also gives you peace of mind to know your family will not have to deal with the assorted financial headaches that will occur if you do not return safely from your deployment. While most of us do not want to think morbid thoughts about not coming back from a deployment, the reality is servicemembers are dying in combat environments every day. Thus, you can either hide your head in the sand and hope you are lucky, or instead take the time now to make sure you have your legal affairs in order.

While there are many aspects to being "legally" ready to deploy, I want to concentrate the remainder of this article on the three primary areas Airmen can take care of to protect themselves and their loved ones. These areas are a will, a power of attorney and life insurance.

The first item every Airman should have is a will. A will allows you to control the disposition of your property upon your death. Even if you do not have a large estate, your will ensures your car, an interest in a home, or perhaps some family heirloom goes to the person you want to receive your property. More importantly, if you have minor children, your will allows you to name a guardian. Without a will, the court may appoint a guardian who may not have been your first choice to raise your children.

Even if you have a will completed, you need to review it from time to time to make sure it is still current. Have you had a recent, significant family event such as marriage, divorce, birth of child, adoption of a child or death of a family member? If so, you should review your will to ensure it continues to reflect your wishes.

A power of attorney is the second document every member should consider obtaining prior to a deployment. A power of attorney is a document you provide to an agent authorizing the agent to transact business on your behalf. There are two types of powers of attorney: special and general. A special, or specific power of attorney, is for one act only, such as signing paperwork to purchase a house or register a car. A general power of attorney covers a multitude of issues such as banking, real estate transactions, child care, insurance, and income taxes. A general power of attorney is a very powerful document not to be treated lightly as it allows your agent to transact almost all of your personal business on your behalf. Thus, you should only pick someone you trust to serve as your agent for a general power of attorney.

The final area of concern for all military members should be their Servicemember's Group Life Insurance policy. Your SGLI is a contract between you and the insurance company. As such, proceeds from the policy pass pursuant to the terms of the contract, not the terms of your will. If you have had a significant family event such as marriage, divorce, or birth of a child, you should review your SGLI beneficiary designation as soon as possible to ensure it continues to reflect your intent for the distribution of insurance proceeds at death. For example, if you continue to list your ex-spouse as your beneficiary, the money will pass to your ex-spouse regardless of the terms of your will. SGLI is likely the final gift you will give your loved ones, so take the time now to ensure it goes to your intended beneficiary.

The key to becoming "legally" ready for a deployment starts with advance planning. Begin by anticipating what could happen if you were required to be apart from your family at a distant location for an indefinite period of time, unable to remain in continuous communications. Based on this planning, you can take the appropriate steps to be "legally" ready to deploy. If you wait to think about these issues until you are going through the mobility line, it may be too late.