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Information for Attorneys and Their Clients and Families on Active Duty or in the Reserves
prepared by Mark Sullivan, co-chair ABA Family Law Section's Military Committee
revised March 2003
Soldiers' and Sailors' Civil Relief Act:
Re-employment Rights:
For those of you whose clients have questions about re-employment rights if they're called up, here's a Reserve Officers Association website with answers: http://www.roa.org/home/callup2.asp or you can go to http://www.jagcnet.army.mil/legal
Other Information:
These additional notes, from the Reserve Officers Association weekly e-letter, may help those of you with family members, clients (or opposing parties) affected by the call-up.
- OPERATION ENDURING FREEDOM - Information for Reserve and Guard members relating to possible callups, employment rights and family services. http://www.roa.org/home/home_feature.asp
- FORTUNE 500 COMPANIES POLICIES TOWARDS RESERVISTS - Article and benefits chart for reservists called to active duty from Jan/Feb 2001 issue of "The Officer" magazine. http://www.roa.org/home/home_feature.asp
- ESGR RESPONDS TO RESERVE/GUARD RECALL - The National Committee for Employer Support of the Guard and Reserve (NCESGR) has expanded operations in response to the current military reserve recall. They are open 24 hours a day, seven days a week, to advise reservists, guardsmen and employers on their rights and responsibilities under the law. Call toll free 800-336-4590 or click on: www.esgr.org
- GUARDSMEN AND RESERVISTS WILL HAVE JOB PROTECTION - The National Committee for Employer Support of the Guard and Reserve (NCESGR) has expanded operations in response to the current military recall. They are open 24 hours a day, seven days a week, to advise reservists, guardsmen and employers on their rights and responsibilities under the law. Call toll free 800-336-4590 or http://www.house.gov/va/news/107/9-18-01.htm
- DoD GUIDE TO RESERVE FAMILY BENEFITS - DoD has published a Guide to Assist Families of National Guard and Reserve Members. Download the Adobe Acrobat (.pdf) file at this address: www.roa.org/pdf/home/benefits.pdf
- HOW TO OBTAIN MILITARY INFORMATION - A useful website on this, prepared by the military liaison for the US Dept of Health and Human Services, can be found at:
http://www.acf.dhhs.gov/programs/cse/pubs/2000/csr/csr0010.html#3
ABA Family Law Military Committee Resources on Mobilization and Deployment:
1. TAKE-1 Handouts for Military Personnel Who Are About to be Mobilized" prepared by Committee Co-chair, Mark Sullivan for use at military bases throughout North Carolina.www.abanet.org/family/take1.htm
Pre-Movement Checklist -- what needs to be done to get one's legal and personal affairs in order);
- The Soldiers' and Sailors' Civil Relief Act (SSCRA) -- requesting a stay of proceedings, protection for loans and renters, protection against default and statute of limitations problems); and
- USERRA, the Uniformed Services Employment and Re-Employment Rights Act-- dealing with returning to one's job after military mobilization).
2. And if that's not enough and you want the whole story about USERRA and the SSCRA, complete with cases, forms and footnotes, here's how to download a complete book on each:
- www.jagcnet.army.mil , click publications
- Army JAG School's guide to SSCRA: scroll to "Legal Assistance" and choose JA 260,
- Army JAG School's guide to USERRA: scroll to "Legal Assistance" and choose JA 270
- Army JAG School's "The Legal Assistance Worldwide Directory": scroll to "Legal Assistance" and choose JA 267
We hope these resources help you protect and assist your loved ones and clients. If you have any suggestions, comments or concerns, please feel free to let me know.
Helpful Websites for Further Deployment Readiness Information:
http://www.usafp.org/op_med/readiness/familychecklist.html
http://www.otc.army.mil/otcweb/FamilyAgencyChecklist.html
http://www.bragg.army.mil/FSG/deployment.htm
http://www.bragg.army.mil/FSG/readiness_checklist.htm
http://www.thenavyway.com/page1002.html
http://www.navy.mil/homepages/vfa-81/Pre-Deployment/chapter_vi.htm
http://www.usafp.org/op_med/readiness/readiness.html
http://www.jagcnet.army.mil/legalassistance
http://www.2xCitizen.usar.army.mil
SECRETARIES MARTINEZ AND RUMSFELD ANNOUNCE MORTGAGE RATE CUT FOR AMERICA'S MILITARY
WASHINGTON - Reservists and members of the National Guard called to active duty will receive a cut in their home loan interest rates for the first time since the Gulf War, U.S. Housing and Urban Development Secretary Mel Martinez and Defense Secretary Donald H. Rumsfeld announced at a Pentagon briefing.
Under the 1940 Soldiers' and Sailors' Civil Relief Act, HUD is advising all FHA-approved lenders to reduce mortgage interest rates to no more than six percent for military personnel on active duty.
"When our sons and daughters in uniform are called upon to serve this great nation, we will stand behind them. We want to reassure our servicemen and women that while they are focused on protecting America, we will do everything we can to protect their families' housing needs," said Martinez today in a joint appearance with Rumsfeld. "Today's announcement with the Department of Defense is another example of the cooperation we've seen throughout the federal government as we look for ways to assist American families."
"During this crisis, it is important that the Department of Defense and Department of Housing and Urban Development work together to develop inter-agency programs to assist uniformed men and women and their families to relieve their mortgage burden," said Rumsfeld.
"The Soldiers' and Sailors' Civil Relief Act will enable our military forces to focus on combating terrorism and not have to worry about their families' financial security at home. The Department of Defense and the U.S. Government will do everything they can to support our troops as they serve and sacrifice for our country."
Reservists and Guardsman on active duty should immediately contact their lenders to take advantage of the mortgage rate cap. The Soldiers' and Sailors' Civil Relief Act prohibits any mortgage lender from initiating foreclosure action against persons in military service while on active duty and three months thereafter without court approval or an agreement between the parties.
Some active duty military personnel may also qualify for this interest rate cap if they incurred their mortgage debt prior to their active duty. In addition to the mortgage rate reduction and expanded foreclosure protection, Martinez is taking the extraordinary step of encouraging mortgage lenders to postpone principal payments for all servicemen and women during their activation and three months thereafter.
Martinez also reminded military members that the Soldiers' and Sailors' Civil Relief Act provides renters a measure of protection against eviction and the ability to terminate their leases during this recall period.
Beginning on Tuesday, September 25, HUD will activate a toll-free number for servicemen and women with questions concerning their mortgage. For more information, call 1-888-297-8685 between the hours of 7 a.m. and 7 p.m. on weekdays.
POWERS OF ATTORNEY SOMETIMES NEEDED IN MILITARY LIFE
By Sgt. 1st Class Kathleen T. Rhem, USA American Forces Press Service
WASHINGTON, Sept. 19, 2001 -- There are many occasions during the course of a military career that a power of attorney might be necessary. But, legal experts caution, do your homework before granting one to somebody.
"Typically, service members will need a power of attorney when they may be deploying or going overseas and leaving their loved ones behind to handle the affairs of the household," Navy Lt. Joan Malik said. Malik is a legal assistance attorney in the Pentagon's Joint Service Legal Assistance Office.
There are two basic types of power of attorney, special and general. A general power of attorney basically gives the person who holds it the power to conduct business in your name, Malik said.
Service members can grant a special power of attorney, which spells out the specific ways it can be used. She said the more specific a power of attorney is the better. This prevents people from using it for purposes other than those the service member intended.
"Don't give a general power of attorney to someone you don't trust wholeheartedly," she said. Base legal assistance attorneys can help service members determine which type of power of attorney will best meet their needs.
Service members commonly need to issue powers of attorney when they change assignments. They often leave their spouses behind to sell cars, move out of government quarters and myriad other things. Those spouses often need legal authorization to conduct the necessary business.
Service members may also need a power of attorney to provide the person caring for their dependent children during a deployment or exercise. Caregivers may need a power of attorney to enroll children in school or other activities, Malik said.
Caregivers would particularly need a power of attorney to authorize medical treatment if a child needs it, she said. Medical powers of attorney are used if a person becomes incapacitated and someone else needs to make medical decisions.
"This document designates who you want to speak on your behalf regarding your care," Malik said. She suggested sitting down with the person who holds your power of attorney to make sure they understand your wishes in different circumstances.
Generally, Malik explained, powers of attorney are granted for one year. She said a member can revoke a power of attorney in two ways if circumstances change.
The first and simpler is to physically destroy the original document, Malik said.
The second is to write a letter of revocation, have it notarized and send a copy to the person holding the power of attorney. It's best to also send a copy of the revocation to places where the person is likely to use the power of attorney, such as banks or moving companies.
Military service members and their families can have powers of attorney drawn up and notarized at most base legal assistance offices. Malik recommended troops call their legal assistance office if they have any questions about powers of attorney.
View the story at www.defenselink.mil/news/Sep2001/n09192001_200109191.htm
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