Power of Attny

[Gingernavymom]

Hi Ladies,

 

My son leaves for BC in 1 week, Do I need a POA while he's gone?

I know when he is stationed he can get his affairs in order, not sure about BC. 

Is it needed or am I being an overthinking Navy MOM?  lol

 

 

[Gingernavymom]

is a civilian POA ok or do I need a Military approved one?

[lemonelephant]

See the info on a POA in Things to Do in the Last Month before Your Future Sailor Leaves for....

Some people say it is better to have a POA and not need one than to need one and not have one. Every situation is different. Some people, especially wives, do need a POA to handle financial matters as they come up, but most people would seldom need one unless the future Sailor has property (vehicle, home, major items....) that will need to be taken care of. The medical POA would seldom be needed as stated below.

Does he have property (a vehicle, real estate, or major purchase) or bills in his name only that you will need to take care of while he is away? If not, then you most likely do not need a POA.

The Medical POA is only needed if your recruit is incapacitated and unable to make decisions for himself; otherwise, the HIPAA form or medical information waiver form will be all that is needed if your recruit/Sailor has a medical issue and chooses to involve you (yes, he will decide if you are notified, not the Navy, unless he is incapacitated).

[LeAnn ⚖]

As a lawyer, I recommend securing a durable POA that also addresses medical issues.  The object being the ability to take care of matters that arise, expected or not.  This also applies to married Navy personnel.  Even though certain assets are owned jointly with a spouse, or maybe with a parent, you should be prepared to manage the interests during an absence.  Not all transactions with joint ownership can be executed by only one of the owners.  Further, the ability to act for your sailor goes beyond the cited references of “vehicle, real estate, major purchase or bills” in the above post.  To use these references as a benchmark would be remiss.

[lemonelephant]

LeAnn, we will have to agree to disagree on this one. A spouse will need a durable POA, but a parent does not usually need one. A spouse has a need to know and be involved in the type of decisions covered by a durable POA. A parent does not have a need to know all of the now adult child's business on a long term basis.

If a POA is needed, most will only need a nondurable Power of Attorney, which would be in effect for the time that the recruit is in BC, and would allow another to act on his/her behalf during the time that s/he is unable to take care of personal business. A power of attorney allows the assignee to pay bills (mentioned above as a reason for needing a POA), write checks (that would depend on the recruit's needs), make investment decisions (most aren't going to have them, but if they did, then a POA would be needed to help manage those), buy or sell real estate or other hard assets (mentioned above as a reason for needing a POA), sign contracts (typically associated with real estate of other hard assets), file taxes (there should be none at this time of year), or arrange the distribution of retirement benefits (not an issue yet) or other benefits (the recruit will set up his/her mypay account and will decide what account his/her pay and associated benefits will be deposited in; the recruit may have other outside benefits, but they should have already been addressed). I have probably missed something, but those are the most common reasons that a POA is needed.

A POA can be written so it only covers one thing or many things. There are POA's that can be obtained from the DMV, for instance, that cover buying or selling a vehicle. A POA could cover managing a bank account and bills.

Once the Sailor is out of BC, s/he will be able to set up allotments to take care of bills or set up auto bill pay with the creditor/s and/or financial institution.

A medical POA is only needed in the very rare event that a recruit were to be incapacitated and unable make medical decisions.

[LeAnn ⚖]

My input was not meant for debate or sparring on the variables, rather, it was based on professional experience and an attempt to offer a “to the point” directive to confirm that securing a POA and medical directive is important for our members.  The nuances are not the issue, securing one is the crux.  I see this issue first and foremost through the eyes of a lawyer, then as a spouse and parent.  If a sailor is married, likely the spouse obtains the POA, a single sailor, then likely a parent is given POA.  A durable POA is very important since it is “durable” beyond incapacity to avoid the need to appoint a guardian as opposed to the nexus to “delve into an adult child’s personal business long term”.  It has broader authority to cover contingencies and takes no more time to sign than the non-durable.  Any instance you cite as rare or unlikely, represents a possibility, and serves the purpose of obtaining the POA, for which ever party is named.  POA forms are readily available online, as to both states where I am admitted to the Bar.  With such ease of access, I see it as a disservice to discount the need or dissuade one from obtaining it for the tenure of the Navy career, based upon unlikely needs/contingencies or that sailors can and do readily address financial obligations.  As you indicated prior, better to have one than not.  Anyone who has a POA and needed its authority for something routine or for the unexpected, surely did not lament.

[lemonelephant]

LeAnn, your directive comes from your experience and my advice comes from mine. My advice is colored by the statements of several young people, including my own Sailor and several of his friends (some Sailors and some not), as well as having seen the use of a POA abused and the consequences of that. As parents we sometimes want to step in and fix things when it might be more helpful not to do so.

If a future Sailor or Sailor indicates a need for one, then it is appropriate to get one.

[Diane aka buzyw2]

LeAnn is an attorney so I would trust her advice on POA.  I worked for many attorneys as a paralegal at the corporate and private level in real estate, contract law, bankruptcy, and family law, and NOT having a POA is far far far more difficult a situation to deal with.  I'd rather err on the side of caution and have one.  ... and since we are throwing our "personal experiences" around as proof:  My daughter had issues when the Navy moved her household items to her duty station and my having POA saved her (and I) thousands of dollars (insurance, time delays which resulted in renting items, etc.)  She's married now but I still have POA in emergency situations and we both are comfortable knowing that someone at the least is looking out for her and her husband's interests when they are unavailable to do so.

[Gingernavymom]

I am getting the POA signed today. Thank you ladies!!!
He swears Wednesday and having the support and knowledge from all of you have made this much easier for me.