Legal Rights and Assistance Guide
Mobilization Planning
Wills
A will is a document that directs the distribution of a person’s property after their death. A Will can dispose of assets and property, create Trusts, and designate Trustees and Guardians for minor children. In the absence of a Will, property and assets will be distributed to family members according to controlling State Law. Your property does not go to the State in the absence of a Will, unless you have no living family members.
Trusts
A Trust is a right in property, held for the benefit of another. Generally, Trusts are set up for the benefit and protection of minor children or others who cannot act for themselves. A Trust may set up Trusts within a Will so that property left to minor children will be held in Trust to care for them until they become adults. A Trust may also be created for Servicemen’s Group Life Insurance (SGLI) benefits to be paid into for the care of your children.
Power of Attorney
A Power of Attorney allows a specific person to act on your behalf when you are unavailable to do so. A Power of Attorney can authorize another person to sign documents for you, buy or sell property, and other transactions that normally only you could perform. A “General” Power of Attorney can authorize another person to act on your behalf without limitation. A “Limited” Power of Attorney allows another person to act for you only in certain specified matters, i.e., selling a car. Powers of Attorney are not recommended unless you have specific need for one.
Other Documents
Other documents such a living wills, health care surrogates, and related forms are available through the Judge Advocate section.
IMPORTANT NOTICE: The information contained here is not intended as legal advice to anyone pertaining to matters affecting their rights.
The references to Federal Law are summaries of those Statutes and should not be relied upon as the complete Statute. This Pamphlet is only a guide to legal rights and protections afforded activated National Guard personnel under the United States Code.
Any decisions requiring legal guidance should be made with the assistance of the Judge Advocate section or your own private attorney.
National Guard personnel who need assistance with these matters or any other legal issues arising from your deployment on Federal Active Duty should contact the Judge Advocate section for advice and assistance.
Contact Information: Office of the Staff Judge Advocate
Commercial: (904) 823-0132
DSN: 822-0132
