Block III Flashcards
Legal Assistance, Notary, Preventative Law, and Tax Programs
Directive
AFI 51-304
Professional Responsibility Program
Directive
AFI 51-110
Standards of Ethical Conduct for Employees of the Executive Branch
Directive
5 CFR Part 2635
Joint Ethics Regulation
Directive
DoD 5500.07-R
AFI 51-304, paragraph 1.1 Legal Assistance, Notary, Preventative Law, and Tax Programs
What is the purpose of the legal assistance program?
- Support and sustain command effectiveness and readiness
- Highest priority to mobilization and deployment
HQ USAF/JACA
Legal Assistance Policy Division
monitors and is responsible for the overall administration of the legal assistance program. Monitor WebLIONS, the wills program, legal assistant website, tax program
Authorized to supervise staff to ensure compliance with AFI 51-304
MAJCOM
Field Operating Agency (FOA)
Direct Reporting Unit SJAs (DRU)
HQ USAF/JACA responsibilities
monitors the administration of the legal assistance program.
WebLIONS, wills program, Legal Assistance Website, and the Tax Program Reporting System
Legal Services Provided in base offices
Last will and testament
advance medical directives
powers of attorney
notaries
SCRA and USERRA
Family law: child support, etc.
Landlord-tenant law
Consumer law
Immigration & naturalization
Assistance for crime victims
Tax assistance
How to verify eligibility/process a client for assistance
“The three i’s”
- Identification (CAC/ID)
- Issue
- Input: if eligible input client data to WebLIONS to maintain a record
Individuals entitled to legal assistance
- Active duty
- ARC in Title 10 status
- Retirees
- DoD civillians/contractors (for wills and POAs) or are assigned overseas
- ARC not in Title 10 - Limited assistance
- Foregin military (under unique circumstances)
AFI 51-304, paragraph 2.3
outlines who is eligible for legal assistance
List common legal documents provided through the legal assistance program
powers of attorney
last will and testaments
living wills
advance medical directives
bill of sale
affidavits
lease agreements
SCRA
Service Member’s Civil Relief Act
covers wills, advanced medical directives, powers of attorney, protections, etc.
USERRA
Uniformed Services Employment and Reemployment Rights Act
Protects military personnel from being unlawfully removed from or demoted from their job duties as the result of military services
SPOA
Special Power of Attorney
gives a person specific authority to act on the grantor’s behalf. Is specific to what a grantee is permitted to do.
GPOA
General Power of Attorney
provides an individual the power to act on behalf of another in any and all matters
Affidavits
a sworn statement that is signed by the person making the statement in writing and notarized
What is the difference between a GPOA and a SPOA
A SPOA limits the scope of authority given by the power of attorney by specifying the powers that are being given to the grantee
As a matter of AF practice, when do POA’s expire?
after one year, in some circumstances it can be extended to two years
LAWS (Client Website)
Legal Assistance Website
Administered and monitored by JACA. Offers general information on base-level legal assistance and allows for clients to provide online feedback to legal offices.
Clients can begin inputting information needed for legal documents on the website, but must visit the legal office to complete the documents.
LAWS is not a replacement for
legal advice
Who reviews client feedback and how often?
The base SJA; bi-annually
United States Code that gives paralegals the authority to act as a notary
10, U.S.C, 1044a
Notary
acts as an official, unbiased witness to the identity and signature of the person who comes before the notary
common notarization types/notorial acts
acknowledgement and a jurat
Legal documents provided through legal assistance that can be notarized
powers of attorney
last will and testament
bill of sale
vehicle transfers
TSP withdrawal forms
affidavits
Acknowledgement
not a sworn document
does not require an oath to be administered prior to signing
Jurat
sworn document (affidavits)
typically specified within the document that the person signing must administer an oath prior to sign the document
Notary seal/stamp
Required on all notarized documents. May be raised but is not required to be by law.
Individuals elligible for notary services
- US armed forces members
- eligible under AFI 51-304
- serving with, employed by, or accompanying the armed forces outside the OCONUS
- All subject to the UCMJ outside the US
A notary log must include…
- signers name and signature
- type of document
- quantity of documents notarized
- date the document was notarized
- location where notary took place
Identify the basic requirements for WebLIONS data entry
- member must be assigned to an office with a need for WebLIONS
- Computer and internet access
- Client eligibility
- Required personal information to input
What are the benefits to WebLIONS tracking office visits?
- track which attorney sees each client
- prevents conflict of interest
- provides statistical data to the office and higher headquarters
Which software is used by paralegals to generate Powers of Attorney?
WebLIONS
List the different reports available in WebLIONS
- Individual Report
- Paralegal Wills Report
- Workload Report
- Notary Report
- Annual Report
WebLIONS Individual Report
provides an account of an individual’s workload, categorized by subject; documents reviewed and provided; office visits; the number of clients seen; the number of notaries performed; and the number of wills reviewed and executed
WebLIONS Paralegal Wills Report
provides an account of the total number of wills drafted by paralegals
WebLIONS Workload Report
gives a detailed synopsis of the total number of visitors seen; their average wait time; and documents provided to the client by an attorney, paralegal, or civilian employee
WebLIONS Notary Report
provides the total number of notarial acts and/or will executions provided by each member of the office.
Situations that would require referral of a client to a civilian attorney
- Official matters that the AF has an interest in
- Ethical conduct or LAW violations
- personal, commercial enterprises
- Third party issues
- Real Estate, separation, divorce decree documents
- Private organizations
- Representation in court
Situations that require referral to the appropriate military defense counsel
- Civilian criminal matters
- Potential of the client to be involved in adverse action under the UCMJ
- Article 138, UCMJ (a person believes themselves wronged)
- subject of court-martial
- client has already retained a civilian attorney
Outside agencies that may be given to a client as a referral
- IG (Inspector General): Supervisory/Command complaints
- EO (Equal Opportunity): office decisions based on discrimination
- SARC: sexual assault
- MPF (Military Personnel Flight): CAC cards, DEERs/insurance, etc.
- Finance:
- AFRC (Family Readiness Center)
Beneficiary
a person named in a will to receive specified property benefits from an act of another
Bequeath
testator or testatrix is giving personal property
Codicil
supplement or addition to a will is used to explain, modify, add, subract, qualify, alter, restrain, or revoke provisions in a will
Community property
property owned in common by two persons as a kind of marital partnership
Domicile (or legal residence)
Place where a person has a valid, fixed, and permanent home and principal establishment. They have the intention of returning whenever absent for business, personal travel, or military duty.
Durable power of attorney for healthcare
Appoint another person to make healthcare decisions should the grantor become incapacitated and unable to make decisions independently
Estate
all the possessions of one who has died are subject to probate administration and distribution to heirs and beneficiaries
Execution
the signing and notarizing of a will if the state requires a notary
Executor or Executrix
a person named by the testator or testatrix is responsible for administering their estate upon their death. An executor (males) executrix (females)
Guardian
a person lawfully vested with the power and charged with the duty of taking care of and managing the property and rights of another person who, for some peculiarity of status or defect of age, understanding, or self-control, is considered incapable of administering their own affairs
Intangible property
used chiefly in the law of taxation, this term means such property with no intrinsic and marketable value. Representative of the evidence of value (certificates of stocks and bonds).
Issue
all persons who have descended from a common ancestor
Last will and testament
the legal expression or declaration of a person’s wishes as the disposition of their property to be performed or take effect after their death.
Living will
states a person’s desires regarding the termination of life support in the event of a terminal, incurable medical condition, during which the person is incapable of competently communicating their desires
Per capita
the distribution of property in equal shares only among living children
per stirpes
the distribution of property in equal shares among living children and the descendants of deceased children
personal property
all intangible and tangible property that is movable, and thus not real property
Preamble
statement regarding the revocation of all previous wills and codicils. It declares the testator’s or testatrix’s domicile. This is required for recognition by states.
Probate
the judicial process to determine the validity of a will
Real property
land and everything permanently affixed to lands, such as structures and the fixture within the structures
Residuary estate
an estate that remains after all debts and expenses of administration have been paid. That portion of a person’s estate is not otherwise devised or bequeathed
self-proving affidavit
each witness signs a notarized, written declaration, and the testator or testatrix attests to the circumstances under which the will was executed. This is usually included in or attached to the will
Tangible property
something capable of being felt or touched, or possessing physical form, for example cars and furniture
testamentary instrument
an instrment that is prepared with testamentary intent per AFI 51-304 and is executed in accordance with 10 USC 1044d by a person, as a testator or testatrix, who is eligible for military legal assistance; makes disposition of property of the testator or testatrix; and takes effect upon the death of the testator or testatrix
Testator or Testatrix
the person who requests the execution of a will.
Trust
a right of property, real or personal, held by one party for the benefit of another
Trustee
a person who administers the assets in trust for the benefit of one or more individuals who, for some peculiarity of status or defect of age, understanding, or self-control, is considered incapable of administering their own affairs.
Will execution ceremony requirements
- Testator/Testatrix
- 2 disinterested witnessess
- notary, seal, and log
- self-proving affidavit or military preamble
What is the primary purpose of the AF Preventative Law Program
- educate commanders, members and dependents on legal issues
- prevent legal problems
- reduce time and resources needed for legal resolution
- enhance command effectiveness and readiness
SJA responsibilites in the preventative law program
manages the program
stresses areas where the AF has a direct interest in legal outcomes that directly impact base readiness
appoints a Chief of Preventative Law
Chief of Preventative Law
Appointed by the base SJA
Manages the daily implementation of the base preventative law program including:
communicating with other military legal offices, headquarters, etc.
What is the focus of the preventative law program
education and preventive measures
Mobilization and deployment preparation
Outreach program: educates members on thier personal legal needs to ensure readiness
- SCRA and USERRA
- legal documents
- emphasized by commanders and first sergeants
Commander awareness
Outreach Program
Educate commanders, first sergeants, and chiefs on full range legal services
Form used when WebLIONS is down to record a client’s visit.
AF Form 1175
To maintain accurate data on legal assistance provided when pulling reports
