The Deployment Center: Reserve/National Guard Deployment - Legal Preparation
Legal Preparation
Hot
Links
Military Law - From legal assistance to court martials, get the scoop.
Servicemember's
Civil Relief Act (SCRA) formerly the Soldier's
and Sailor's (SSCRA) - If you're leaving a
job to go to war, you have certain protections
under the law. Learn what they are.
Employer Support of the Guard and Reserve (ESGR) - Have a conflict with your boss over deployment, or need legal aid or assistance? This is your first line of defense.
Family Care Plan - Covers writing a will, granting power of attorney, and guardianship.
It's difficult to drop everything and leave for deployment, particularly if you're involved with a complicated legal case, or haven't put your legal affairs in order yet. Be sure you take care of at least the following before you leave:
The Servicemember's Civil Relief Act (SCRA) - Make sure you
learn everything there is to know about this act. Under it, you could
qualify for:
Reduced interest rate on mortgage payments.
6% interest rate on credit card debt.
Protection from eviction if your rent is $2,400 or less.
Delay of all civil court actions, such as bankruptcy, foreclosure or divorce proceedings.
Note that most of the protections SCRA offers are good only during your duration
of your active duty assignment. For more on SCRA, see this
overview, or contact your unit or installation legal assistance
office.
Uniformed Services Employment and Reemployment Rights Act (USERRA) - USERRA provides reemployment protection and other benefits for veterans and employees who perform military service. For more on USERRA, see this overview.
Wills - One of the most important tasks an individual or couple can do for personal and family readiness is to prepare a will. We like to think that we will never need a will but three out of four people die without one! A will ensures that your children have someone to take care of them and that your estate is disposed of properly. Without a will, the state will make those decisions for you and impose a fee for representation. Check with your unit to see if there is a military lawyer who will provide this service to you free of charge.
Foe extra tips on writing a will, see Writing a Will.
Power of Attorney - A power of attorney gives someone else (a spouse, relative, good friend) the legal power to act on your behalf when you are not able to act yourself. Setting up a power of attorney would allow the trusted individual to conduct business in your name, for example, banking transactions, selling or buying property, and everyday medical decisions. Check with your unit to see if there is a military lawyer who will provide assistance to you free of charge.
Also check out the Military Law section for more information.
Family Care Plan - A Family Care Plan is required for all single service members and dual-service couples responsible for family members. The plan outlines specifically the care of your family members in your absence. This is critical for single parents of young children. It is the servicemember's responsibility to maintain a current plan with his or her unit.
For details on how to put together a Family Care Plan, see the Family Care Plan section.
Servicemen's Group Life Insurance (SGLI) - For a small monthly charge, service members may get $200,000 of life insurance coverage. This coverage need not be the servicemember's only life insurance. The servicemember will need to identify who the beneficiary is and keep this policy updated.
For more on SGLI, see the SGLI section. Servicemembers in the sea services can also qualify for cost-effective plans with the NMAA.
ID Cards - Every eligible member of the family needs to have the Uniformed Services Identification and Privilege Card (ID). During peacetime, the ID card affords the family members certain entitlements such as exchange privileges, limited commissary privileges, recreational facilities, and military discounts. However, if the servicemember is called to active duty for longer than 30 days, the ID card will be necessary for medical benefits, arranging a transfer of goods, or obtaining base housing. For more on getting an ID Card, see the ID Card section. Go to your local armory or base to obtain a card. Be prepared to show proper documentation to prove eligibility (marriage certificate, birth certificates, adoption papers etc.).
