Preparing for a deployment: What power of attorney is right for you? Published March 19, 2008 By Capt Joshua C. Williams 52nd Fighter Wing Legal Office SPANGDAHLEM AIR BASE, Germany -- Although it is not possible to remove all of the stress associated with deployment preparation, the Spangdahlem Legal Office is committed to helping you rest a little easier. We are here to help you get the right legal documents you need to prepare for any number of contingencies that can, and do, occur as the result of a deployment. One of the most common documents we prepare for deploying individuals is a power of attorney. A power of attorney is nothing more than a legal document used to delegate authority to another person and/or organization. There are two basic categories of powers of attorney: special and general. A special power of attorney is small in scope and gives very specific authority for a person to act on your behalf for a limited amount of time. For example, if I decided that I wanted my friend to have access to drive my car, I could create a special power of attorney giving him the right to do so. For the most part, the sky is the limit as to what authority you want to give to another person. You can authorize someone to pick up your mail, sell your car or even take care of your pet. There are a few circumstances, however, that require more substantial action than merely signing a special power of attorney. For instance, you cannot transfer custody or guardianship of an individual (generally a child) to another person with a power of attorney. In most states, guardianship and custody transfers require a court order. In short, a special power of attorney is a useful document that will help you gives limited powers to another individual for a limited period of time. Another type of power of attorney that you are likely to come into contact with while preparing to deploy, is a general power of attorney. As you can probably guess, a general power of attorney is very broad and provides extensive power for a person and/or organization to act on your behalf. Given this, you should only grant authority under a general power of attorney with the advice of an attorney, and to someone you trust. Although not an exhaustive list, two types of general powers of attorney you are likely to come into contact with when you deploy are durable springing general powers of attorney and durable healthcare powers of attorney. The durable springing general power of attorney, as it is used by the Spangdahlem Legal Office, appoints another individual and/or organization to make financial decisions on your behalf if you become incapacitated. Despite its daunting name, it is in fact quite simple. The document is considered "durable" because it contains language that states it will survive forever until it is revoked or destroyed. You may be asking yourself "How is the document revoked?" A revocation usually occurs in one of two ways. One way to revoke a power of attorney is to write the word "VOID" or "REVOKED" in large letters across the face of the document. Another way is to create a new durable general power of attorney that contains language stating that all previous powers of attorney are hereby revoked. The cleanest and easiest way to revoke a power of attorney is to simply destroy the document by tearing it to pieces, shredding it or burning it. A durable springing general power of attorney is considered to be "springing" because it "springs" into existence when you become incapacitated. How does this happen - you might be wondering? In short, after a doctor declares that you are incapacitated, the person you have chosen to act on your behalf will sign the "Full Force and Effect" page attached to your power of attorney. This page will authorize them to act on your behalf. This is why it is very important to tell the person that you have chosen them for the job, and make sure that the document is readily available to them. The second type of general power of attorney is a durable healthcare power of attorney. This document works in much the same way as the durable springing power of attorney. The difference between the two documents is that the healthcare power of attorney comes into effect the moment it is signed; it does not "spring" into effect when you become incapacitated. However, it only allows the person you have chosen to act if you are unable to do so. Again, like the durable springing general power of attorney, it is very important to tell the person that you have chosen them for the job, and to make sure that your physician knows of its existence. When creating a legal document remember: · Do not sign it if you do not understand it. · Only give a power of attorney to someone you trust. · Do not wait until the last minute to address deployment related legal issues. This article is not intended to be legal advice. If you have questions, contact the Spangdahlem Legal Office. (Editor's note: This is part one of a two part series about legal considerations when deploying.)