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