ARTICLES

Power of Attorney: A Must for Military Personnel

In times like this, when our military personnel are finding themselves deployed more frequently and for longer periods of time, it becomes important to consider one of the additional demands that the situation can impose: the necessitation for a Power of Attorney.

Much can happen during the course of eighteen months, and when troops are carrying out the business of conducting their military duties overseas, who will carry out the conduct of their business affairs at home?

The intricacies of ownership, our financial system, and other bureaucratized institutions do not lend themselves to merely asking a friend to “take care of things” while a soldier is away. Even when a soldier is married, his or her spouse does not automatically receive authority to manage things like the sale of an automobile or home. If a single parent finds himself serving abroad, he will need to assign certain legal rights to the individual who will care for his child during the deployment.

Two types of Power of Attorney are suited to these situations. The first is a “Nondurable Power of Attorney,” which grants the specified authorizations to the chosen representative, called the “Agent” or “Attorney-in-Fact,” for the period of deployment.

The terms of the legal agreement may grant authority over all transactions or only over particular items, such as the filing of tax returns, the enrollment of a child in a new school, or other delineated events.

The second type to be considered is a “Springing Power of Attorney,” which would enact upon the occurrence of an unforeseen catastrophic illness or the death of the service member (termed the “Principal”). Although unpleasant to consider, it is the responsible choice to ensure the appropriate and satisfactory dispensation of one’s affairs.

Speak with a Minneapolis Estate Planning Attorney

If you or someone you know is preparing for the possibility of future deployment, please call the Minneapolis Estate Planning attorneys of the Skjold ▪ Barthel law firm at 612.746.2560.