Block III - Legal Assistance & Preventative Law Flashcards
1
Q
What is AFI 51-304?
A
Legal Assistance, Notary, Preventative Law & Tax Programs
2
Q
What is AFI 51-110?
A
Professional Responsibility Program
3
Q
What is DoD 5500.07-R?
A
The Joint Ethics Regulation
4
Q
Explain the principles of the Air Force legal assistance program (W)
A
Purpose: To support and sustain command effectiveness and readiness
5
Q
Recognize matters that fall within the scope of the legal assistance program (W)
A
Commonly encountered matters, but not an exhaustive list:
Wills, advance medical directives, POAs, notary services, family law, dependent care issues, immigration & naturalization law, adoption, financial responsibility, domestic relations, SCRA, Veterans’ Reemployment Rights, casualty affairs, landlord-tenant issues (not for clients who are seeking advise for real estate documents or are renting home(s) out as part of a personal commercial business), consumer affairs, taxes, and issues that are deemed connected with personal civil legal matters by TJAG, MAJCOM SJAs, NAF SJAs, commanders, or the base SJA
6
Q
Describe the proper procedures to determine a client’s eligibility for legal assistance (W)
A
ID - ask client for military identification.
Issue - determine the nature of the problem
Input - if they are entitled to legal assistance, input their information into WebLIONS
7
Q
AFI 51-304, paragraph 2.3 outlines who is eligible for legal assistance, but who are some that are eligible?
A
AD members & their dependents
AFRES on Title 10 orders and their dependents
Retired personnel and their dependents
DoD civilian employees deploying to or in a theater of operations (Wills and POA only)
Civilian contactors deploying or in a theater of operation who can produce a contact that requires govt to provide legal assistance
Inactive reservists or ANG mbrs who are subject to fed mobilizational in an inactive status can receive mobilization and deployment-related assistance. (Dependents of these members are not authorized assistance until member is on Title 10 orders)
Foreign military personnel, under certain circumstances
Civilian employees of the DoD and the military departments assigned outside of the US and its territories and their dependents residing with them
8
Q
Specifically, what makes a foreign military member eligible for Legal assistance according to AFI 51-304
A
AFI 51-304, Legal Assistance, Notary, Preventative Law, and Tax Programs
- 2.3.8. Foreign Military Personnel.*
- 2.3.8.1. Foreign military personnel, and their dependents residing with them, assigned to the United States either permanently or temporarily under official orders for purposes of combined missions with United States personnel or for training in programs sponsored by the United States. This assistance does not extend to foreign military personnel present in the United States solely to carry out another nation’s unilateral mission, such as use of ranges on a United States installation to test the foreign nation’s weapons system without the participation of United States personnel in the training.*
2.3.8.2. Assistance provided under this section should be limited in scope to matters involving the interpretation or application of United States domestic law only. Such matters involve issues pertinent to a person’s relocation and requirement to be present in the United States to carry out official duties. Examples include but are not limited to landlord-tenant, consumer affairs, driver’s licenses, customs, tax relief, and similar assistance. Assistance should not be provided for matters implicating the laws of the sending state, such as wills and domestic relations, nor should any legal assistance be provided on matters that would impact the person’s status in the United States.
9
Q
According to AFI 51-304, Legal Assistance, Notary, Preventative Law, and Tax Programs, can the executor, personal representative, administrator, or legally-recognized estate representative of servicemembers who die on active duty receive legal assistance for matters regarding settlement of estates and tax assistance?
A
Yes
- 3.6. Estate Representatives/Survivors.
- 3.6.1. The executor, personal representative, administrator, or legally-recognized estate representative of servicemembers who die on active duty or as a result of an injury or disability that resulted in retirement from active duty regarding matters relating to the settlement of estates, including tax assistance. When uncertainty exists about the status of the estate representatives listed in this paragraph, or when determined as appropriate by the Staff Judge Advocate, legal assistance shall be provided to the primary next-of-kin to the same degree as noted in this paragraph.
- 3.6.2. Survivors of a deceased member or former member described in paragraphs 2.3.1., 2.3.2.1., 2.3.2.2., and 2.3.4. who were dependents of the member or former member at the time of the death of the member or former member or otherwise entitled to a military identification card.
10
Q
What clients take priority for legal assistance?
A
Deployers and individuals that are mobilizing.
AFI 51-304, para 2.4 “…Mobilization- and deployment-related legal assistance is not determined by the subject matter of legal assistance provided, but by the relationship between command readiness and the potential impact on the member’s ability to perform duties if legal issues are not addressed prior to deployment.”
11
Q
What makes a unique situation eligible for Legal Assistance according to AFI 51-304, Legal Assistance, Notary, Preventative Law, and Tax Programs
A
2.3.9. Unique Situations. When beneficial to the military services, Staff Judge Advocates may authorize legal assistance to persons not specifically identified above as an eligible beneficiary.. These situations must involve people who have a future, present, or past military obligation relevant to the legal problem.
Examples include reservists or National Guard members who have demobilized but do not strictly meet the time requirements of paragraph 2.3.2.3, ROTC cadets who must meet dependent care responsibilities, or Delayed Entry Program enlistees with landlord-tenant issues.
This provision does not apply to contractor personnel, who are responsible for having their personal legal affairs in order (including preparing and completing powers of attorney, wills, etc.) before reporting to deployment centers. Unless another eligibility provision (e.g., paragraph 2.3.4.) applies or the individual is seeking notary services while accompanying Armed Forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands (paragraph 4.6.1.), contractor personnel are not entitled to military legal assistance either in-theater or at the deployment center.
12
Q
According to AFI 51-304, Legal Assistance, Notary, Preventative Law, and Tax Programs, what form must be used when advising married couples on AMDs?
A
A dual representation form
2.6.2. Dual Representation. Due to the potential for conflicts of interest during the representation, legal assistance attorneys must use a dual representation letter when providing advice on and drafting wills and related documents for married couples. (T-0). Legal offices must retain dual representation letters in a file dedicated to that purpose for a period of at least one year from the date the clients endorse the letter. (T-0). Additionally, attorneys must retain dual representation letters in accordance with their state licensing requirements. (T-0).
13
Q
Can legal assistance providers participate in “fill-in-the-blank” wills?
A
No.
AFI 51-304, Legal Assistance, Notary, Preventative Law, and Tax Programs.
2.6.3. “Fill-in-the-blank” Wills. Legal assistance providers shall not participate in the preparation of or execution of preprinted “fill-in-the-blank” wills, wills prepared with an online service, or prepared by a civilian attorney (other than an Air Force civilian legal assistance attorney), as this service might imply Air Force legal assistance review, endorsement, or guarantee of the product.
14
Q
Can legal assistance be rendered to clients for purposes relating to landlord-tenant disputes arising out of private military family housing?
A
Yes, however the client must sign a written waiver after disclosing the AF interests in privatized housing. The waiver indicates that confidentiality is waived.
AFI 51-304, Legal Assistance, Notary, Preventative Law, and Tax Programs
2.6.5. Privatized Military Housing. Legal offices may render assistance pertaining to landlord-tenant disputes arising out of privatized military family housing. However, before seeing legal assistance clients regarding privatized housing issues, Staff Judge Advocates must ensure the legal assistance attorney seeks a written waiver from the client after fully disclosing the Air Force’s interest in the privatized housing project. (T-3). The waiver should indicate that confidentiality will be waived, if necessary, to make reports to the Air Force Office of Special Investigations for instances of contract fraud or to the Air Force Civil Engineer Center Housing Branch for quality control issues. Waivers shall be maintained on file for at least one year from the date the waiver is signed or consistent with the legal assistance attorney’s state licensing requirements, whichever is longer. (T-0). If the client does not consent, refer the client to an alternate source of assistance as outlined in paragraph 3.4.
15
Q
Can an attorney provide legal assistance to an eligible person who is the victim of a case that they are prosecuting?
A
No. However, another attorney in the office can advise them. The attorney’s must not communicate about legal assistance provided or the case.
2.6.6.2. The Staff Judge Advocate shall ensure that processes are established to create a “firewall” around legal office personnel working on or likely to work on criminal proceedings or adverse actions from entering attorney-client relationships with clients seeking advice as victims of crime. (T-0). If resources limit the ability to provide legal assistance to a crime victim, the Staff Judge Advocate shall inform the next Staff Judge Advocate in the functional chain of command who will then seek appropriate legal support. (T-3).
16
Q
Can an attorney receive restricted reports of SA?
A
No. AFI 51-304, Legal Assistance, Notary, Preventative Law, and Tax Programs
2.6.6.3. Legal assistance attorneys are not authorized to receive restricted reports of sexual assault. (T-0). Legal assistance attorneys may facilitate a victim making a restricted report by helping the victim contact officials authorized to receive restricted reports. Legal assistance attorneys should make sexual assault victim clients aware of available Special Victims’ Counsel services and refer victims of sexual assault to their servicing Special Victims’ Counsel office. Note: Information a legal assistance attorney receives from any client remains subject to the attorney-client privilege unless a specific exception applies in AFI 51-110.
17
Q
In the case of conflict between state and Air Force professional responsibilities outlined in AFI 51-110, which supersedes the other?
A
The Air Force provisions supersede.
3.3. Professional Responsibilities and Rules . Staff Judge Advocates must administer the Legal Assistance Program in strict compliance with the professional responsibilities outlined in AFI 51-110. (T-1). Note: In the event of conflicts or differences between the applicable provisions of AFI 51-110 and the equivalent state rules, the Air Force provisions will control.
18
Q
Explain situations that would require referral of a client to another agency (W)
A
Official matters which the AF has an interest / involved in
Standards of ethical conduct and Law of War (LOW)
Criminal issues
Issues involving personal, commercial enterprises (unless related to SCRA)
Legal issues or concerns raised on behalf of third parties, even if the third party is legal assistance eligible
Drafting or reviewing real estate or closing documents, separation agreements or divorce decrees, and inter vivos (living) trusts (see AFI for exceptions)
Private orgs that have been chartered by appropriate authority to function on AF installations
Representation of the client in court or administrative proceedings, with limited exceptions
19
Q
If you are unsure if a client qualifies for legal assistance or if the specific issue falls under the scope of legal assistance, who should you consult?
A
The Chief of legal assistance or the SJA
20
Q
Describe the rules regarding referral of clients to civilian attorneys (W)
A
Civilian criminal matters are to be referred to civilian criminal bar association
Matters regarding UCMJ, NJP or adverse action should be referred to ADC.
Member is or may be the subject of court-martial charges or other disciplinary action refer to ADC or they may secure their own civilian attorney
Article 138, UCMJ, complaints should be referred to the Office of the Inspector General (IG)
If the client already has an attorney, refer them back to their attorney (no second opinions)
21
Q
If stationed overseas, what should the list of local attorney’s be prepared IAW?
A
Status of Forces Agreement and AFI 51-304
22
Q
If located in a foreign country and a member comes in potentially facing charges in front of a foreign court, who would you refer them to?
A
A military legal advisor
23
Q
Referrals to other sources should follow what general rules?
A
Be free from favoritism
Made to the source best able to assist the client in the resolution of the particular problem or concern at the earliest time
24
Q
If the client’s situation requires specialized expertise beyond the scope of the military legal assistance programs, where should they be referred to?
A
Bar referral services operated by the ABA, state, or local bar associations
25
If there is no organized bar or lawyer referral service in your base's area, where do you refer the client to?
a local listing of attorneys who have expressed interest in serving military clients
26
When you refer a client to bar referral services, what should be made clear to the client?
Retaining the services of a civilian client is their decision
The referral to any list of bar referral services, state or local bar associations does not constitute a federal or Air Force endorsement of any attorney's participating in these services
27
What are some other offices that you may have to refer clients to?
What should you give these clients as a courtesy?
Force Support Squadron (FSS)
Finance (CPTS)
Internal Revenue Service (IRS)
Department of Child Support (DCS).
You should provide them a point of contact, if available, and a phone number.
28
What does AFI 51-304, Legal Assistance, Notary, and Preventative Law and Tax Programs govern?
The function of legal assistance within the Air Force.
29
What are the TJAGs responsibilities in regards to the Legal Assistance Program?
Establishes and supervises legal assistance program
Communicates w/ local bar, legal aid offices, and federal and/or state agencies
Delegates authority to HQ/AF CLS (Community Legal Services) directorate
30
What are the responsibilities of HQ/AF (CLS), Community Legal Services Directorate
Monitors and administers legal assistance program
Oversees all programs relating to legal assistance
Provides advice to field offices
Facilitates service of legal process in coordination w/ appropriate installation legal office in cases involving paternity & child support
31
What are responsibilities of MAJCOMs, FOA (Field Operating Agency), DRU (Direct Reporting Unit) SJAs:
Supervises within their command
Perform necessary inspections ensuring compliance with AFI 51-304
May add requirements for mobilization- and deployment-related legal assistance
NAF SJAs may also add requirements
32
What are some of the Base SJA responsibilities regarding the **legal assistance** program?
Brief office personnel, including AFRES, on purpose of legal assistance, the base legal assistance program, and AFI 51-304
Manages legal services volunteers and personnel who provide legal assistance.
Review LAWS & WebLIONS client feedback
Publicizes office limits on non-mobilization and deployment related legal assistance
Administers program in strict compliance with AFI 51-110
Communicate with local bar organizations, legal aid offices, federal and state agencies
33
What is the purpose of the AF legal assistance program?
To support & sustain command effectiveness and readiness
34
Avoiding a conflict of interest mainly falls to who?
Who else is essential to ID'ing Conflict of Interest?
JAs and Civilian attorneys rendering legal assistance mainly are the ones ensuring this, but paralegals are essential.
35
Can a legal assistance attorney ***create*** the impression they represent the AF's interests in resolving a client's concerns or that the AF is interested in the outcome of the matter?
**No.**
36
What can the legal assistance attorney do and not do regarding any letters or documents drafted on behalf of a client?
They **MUST NOT** use an Air Force letterhead
They **MUST** include a statement in the letter making it clear the AF does not represent the client in resolving the matter
37
Where can you find more details on conflicts of interest?
AFI 51-110, Professional Responsibility Program. Para 1.7 & 1.8
38
What are some examples of conflicts of interest?
Claims against the AF
Military Member facing Court-Martial
Family/Friends receiving NJP
Notarizing a document as the grantee
39
Can an attorney advise the victim of a crime?
Yes!
AFI 51-304
Air Force attorneys, acting in an official capacity, shall not enter into an attorney-client relationship in the following areas:
2.2.1. Official matters in which the United States Government has an interest, or is involved in the final resolution, unless advising a victim as authorized under paragraph 2.6.6. of this instruction or acting as a Military Defense Counsel, Special Victims’ Counsel, or a Disability Counsel with the Office of Airmen’s Counsel.
2. 6.6. Victims of Crime.
2. 6.6.1. Legal assistance services are available to victims of crime, to include advice and assistance addressing the standards prescribed in Directive-Type Memorandum (DTM) 14-003, DoD Implementation of Special Victim Capability (SVC) Prosecution and Legal Support, implementing 10 U.S.C. § 1565b and 10 U.S.C. 1044e.
2. 6.6.2. The Staff Judge Advocate shall ensure that processes are established to create a “firewall” around legal office personnel working on or likely to work on criminal proceedings or adverse actions from entering attorney-client relationships with clients seeking advice as victims of crime. (T-0). If resources limit the ability to provide legal assistance to a crime victim, the Staff Judge Advocate shall inform the next Staff Judge Advocate in the functional chain of command who will then seek appropriate legal support. (T-3).
2. 6.6.3. Legal assistance attorneys are not authorized to receive restricted reports of sexual assault. (T-0). Legal assistance attorneys may facilitate a victim making a restricted report by helping the victim contact officials authorized to receive restricted reports. Legal assistance attorneys should make sexual assault victim clients aware of available Special Victims’ Counsel services and refer victims of sexual assault to their servicing Special Victims’ Counsel office. Note: Information a legal assistance attorney receives from any client remains subject to the attorney-client privilege unless a specific exception applies in AFI 51-110.
2. 6.6.4. Legal assistance attorneys cannot represent clients during investigative interviews, appear at hearings, or otherwise participate in the criminal justice process (military or civilian) on behalf of clients. (T-0). Exception: This does not apply to Area Defense Counsel, Special Victims’ Counsel, or Disability Counsel providing legal assistance services during the scope of their representation.
40
What can you reference for clarification or guidance on what constitutes a conflict of interest?
AFI 51-304, *Legal Assistance, Notary, Preventative Law, and Tax Programs*
AFI 51-110, *Professional Responsibility Program*
41
List common legal documents provided through the legal assistance program (W)
Powers of Attorney
Last will and testament
Advance medical directives (Living Wills and Medical POA)
Bills of sale
Affidavits
lease agreements
42
Identify the purpose of a special power of attorney (W)
Gives a person-specific authority to act on the grantee's behalf.
43
What is the purpose of a General Power of Attorney (W)
Provides an individual the power to act on behalf of another in any and all matters
44
Which POA is considered more effective due to being more widely accepted?
Specific Power of Attorney (SPOA)
45
What is the difference between a SPOA and a GPOA?
The scope of authority being granted.
SPOA - specific authority, safeguarding
GPOA - Unlimited authority, safeguarding and legal consequences.
46
Where are the expiration dates listed for each POA?
The expiration for the SPOA is on the front
The expiration for the GPOA is on the back
47
In Air Force practice, how long after creation of any POA does it expire?
One year, generally.
Some circumstances allow an expiration date of two years.
48
How is the expiration date of a SPOA or GPOA calculated?
It is calculated off the date the POA was **_issued_**.
49
What must you properly brief the client on regarding a GPOA?
It is not widely accepted
Grants unlimited authority
Safeguarding and legal consequences
50
What must you properly brief a client on regarding SPOA?
More commonly accepted
Grants specific authority
Safeguarding
51
Explain the primary functions and uses of the Legal Assistance Website (LAWS) (W)
Designed to increase client convenience and satisfaction and increase efficiency in some areas of base-level legal assistance programs.
52
Explain the primary functions and uses of the Legal Assistance Website (LAWS) (W)
Designed to increase client convenience and satisfaction and increase efficiency in some areas of base-level legal assistance programs. It also allows for clients to provide targeted online feedback to legal offices.
53
What kind of capabilities does the LAWS client website have?
Access to info on legal assistance topics and office locations
Complete online worksheets for wills, advance medical directives, and powers of attorney
Complete feedback surveys
54
Can a customer use the LAWS client website as a substitute for legal advice?
No
55
Can a client obtain a completed document (will, advance directive, etc) from the LAWS client site?
No. They must physically come into their local office.
56
Identify tools available to the legal office on the LAWS administrator site (W)
Access a clients will worksheet by inputting their last name and ticket number that was generated when they completed the online worksheet.
View client surveys
Surveys can be accessed by higher-level legal offices
57
Does the LAWS administration website create a complete document such as a will or advance medical directive?
No. The worksheet on LAWS is used to input the clients data into Lexis Estate Planning Service which will generate the final document
58
For POA's, where does the client's ticket number go to generate the document?
WebLIONS
59
State the authority to perform notarial acts (W)
10 USC § 1044a.
Notarial acts performed under this authority are legally binding throughout the world for federal and non-federal purposes.
60
What AFI provides further guidance for military personnel to perform notarial acts?
AFI 51-304, *Legal Assistance, Notary, Preventative Law, and Tax Programs*
61
Identify some basic information about a Notary
Acts as an official, unbiased witness to the identity and signature of the person who comes before the notary
A notary has the authority to administer oaths and affirmations (as required based on the document(s) being notarized)
62
Can any person performing a notary service under the legal assistance program accept any form of fee?
No.
63
Identify common notarization types and legal documents provided through the legal assistance program that can be notarized/authorized notarizations (W)
Two types of notarial acts:
Acknowledgement & Jurat
Commonly Notarized Documents:
POAs, Last will and testament, Bills of sale, Transfers of vehicle, TSP withdrawls, Affidavits
64
Is a certification of a document as a true and accurate copy of the original a notarial act?
No. For a true and accurate copy of an original to be certified, only the agency that created the document or maintained the original document can verify a true and accurate copy of an original.
65
What is the purpose of an acknowledgement notarial act?
NOT A SWORN STATEMENT
Ensures the signer of a document is who they claim to be and is voluntarily signing the document.
The signer must personally appear before the notary at the time of notarization to be positively identified and declare (or “acknowledge”) that the signature on the document is their own and they signed willingly.
66
Is an “acknowledgement” notarial act a sworn document?
No, an “Acknowledgement” notarial act is **_not_** a sworn document
67
What is the purpose of a jurat notarial act?
A SWORN DOCUMENT
For a signer to swear or affirm that the contents of a document are true.
This may also be called an affidavit, a verification oath, or affirmation in some jurisdictions.
The signer must personally appear and sign the document in the notary presence. The notary must administer an oath or affirmation and have the signer speak aloud their promise that the statement(s) in the document is authentic
68
Is a “Jurat” a sworn document?
**_YES_**. Think “Juries” who swear and affirm before a trial
69
Identify required items needed to perform a **notarial act** (W)
Verify the identity of each individual
Ensure the document to be notarized is complete (NO BLANK FIELDS)
If required, administer oath or affirmation
Party (or parties) sign and document in front of the notary - include:
Date and location of where notary occurred
Duty Title and office information of notary
Raised seal or stamp in designated block or closest to signature
70
If the document to be notarized requires an oath or affirmation, does the signature or oath happen first?
The oath or affirmation must happen first, and then the client signs their document
71
Who is required to maintain a notary log?
All legal assistance notaries must maintain a personal notary log
72
What information must be included in a notary log entry, at a minimum?
Date (i.e. 1 January 2020)
document type and number of documents notarized (i.e. SPOA (1), GPOA (2))
name & signature of client (Mike Tice & sig)
location of notarization (i.e. Whiteman AFB)
73
Can an SJA add required information for notary logs such as DoD ID Numbers?
Yes
74
Does every military notary take their log with them when they PCS?
**_YES!_** Every notary log goes with each member to their next duty station.
75
What happens to each notaries log when they retire or separate?
The log is left at their final duty station upon retirement or separation
Ex: AMN Snuffy is separating our of Whiteman AFB. All his logs from his 3 previous bases will keep his notary logs.
76
Can anyone maintain or use notary log equipment?
**_No_**.
In order to prevent misuse, loss, or theft of notary seals, stamps, and logbooks, only certified notaries should be using or maintaining notary equipment.
77
List individuals who can perform notarial acts under 10 USC § 1044a (W)
All Judge advocates
All adjutants, assistant adjutants, and personnel adjutants, including reserve on AD or on inactive duty training (Usually for Army)
Civilian legal assistance attorneys employed by the USAF
Civilian AF employees appointed by the SJA to serve as a notary **(outside the US only)**
Civilian employees (other than legal assistance attorneys) as state notaries, as part of their official duties
Enlisted paralegals, once task certified
AD AF Mbrs who: Are MSgt & above, located at a GSU w/o a notary & appointed in writing by **GCMCA SJA** 10 USC § 1044a and AFI 51-304
78
Who is eligible for Notary Services?
Members of US armed forces; those eligible for legal assistance under AFI 51-304, *Legal Assistance, Notary, Preventative Law, and Tax Programs*
Personnel employed by or accompanying US armed forces outside the US
Personnel subject to the UCMJ outside US (contractors on orders to deploy, etc).
79
Can you perform a notarial act for a friend who is otherwise ineligible under 1044a?
**_No_**. 10 USC § 1044a states specifically
"(a) The persons named in subsection (b) have the general powers of a notary public and of a consul of the United States in the performance of all notarial acts to be executed by any of the following:
(1) Members of any of the uniformed services.
(2) Other persons eligible for legal assistance under the provisions of section 1044 of this title or regulations of the Department of Defense.
(3) Persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(4) Other persons subject to the Uniform Code of Military Justice (chapter 47 of this title) outside the United States."
(b) Persons with the powers described in subsection (a) are the following:
(1) All judge advocates, including reserve judge advocates when not in a duty status.
(2) All civilian attorneys serving as legal assistance attorneys.
(3) All adjutants, assistant adjutants, and personnel adjutants, including reserve members when not in a duty status.
(4) All other members of the uniformed services, including reserve members when not in a duty status, who are designated by regulations of the uniformed services or by statute to have those powers.
(5) For the performance of notarial acts at locations outside the United States, all employees of a military department or the Coast Guard who are designated by regulations of the Secretary concerned or by statute to have those powers for exercise outside the United States.
(6) All civilian paralegals serving at military legal assistance offices, supervised by a military legal assistance counsel (as defined in section 1044d(g) of this title).
80
Where should notary seals, stamps, and logbooks be stored when not in use?
Secured in a desk drawer or file cabinet, including at the end of the duty day
81
Identify basic requirements for WebLIONS data entry (W)
Verify clients eligibility
Hover over “Actions” → “Enter Client Info”→ Input client last name & DoD ID → Verify/or input if ID was verified, if client is in uniform, name, status, branch, grade, address, legal state of residence, phone numbers, email, and unit. (If mbr is a dependent, then sponsors info must also be included).
82
What form do you use if WebLIONS is down or cannot be accessed?
AF Form 1175, *Legal Assistance Record*
83
What is the purpose of WebLIONS?
For offices to maintain a record of legal assistance visits, documents and track the associated workload.
Provides real-time, on-the-spot data.
Generates POAs
84
How do you access WebLIONS?
From the FLITE homepage → Management Systems → WebLIONS
or
Use the direct link https://lions.jag.af.mil
85
How many reports does WebLIONS produce?
5.
Individual report
Paralegal wills report
Workload report
Notary report
Annual report
86
How do you generate a client's POA on WebLIONS?
Pull up information → select “Documents/Notaries.” → select type of POA client is requesting and click “Generate Blank POA.”
This creates fields to input the required information for that specific POA.
87
Once all information for a POA is input, what should you do next?
Review the POA, print, and have the client review for accuracy. Ensure the POA is complete before notarizing.
88
Identify the types and purpose of reports available in WebLIONS (W)
Individual report: account of individuals workload, categorized by subject. Documents reviewed and provided, office visits, number of clients seen, number of notaries performed, and number of wills reviewed and executed
Paralegal Wills Report: an account of total number of wills drafted by paralegals
Workload Report: detailed synopsis of total number of visitors seen, their average wait time, and documents provided to the client by an attorney, paralegal, or civilian employee
Notary Report: provides total number of notarial acts and/or will executions provided by each member of the office
The Annual Report: provides full-spectrum statistical data regarding visits and workload such as: number of clients served (categorized by pay grade, ARC status, and retired) and other subject areas; documents provided; will executions; notarizations, and specially identified areas of law
89
What is in the Individual Report?
Individual report: account of individuals workload, categorized by subject. Documents reviewed and provided, office visits, number of clients seen, number of notaries performed, and number of wills reviewed and executed
90
What is in the Paralegal Wills report?
Paralegal Wills Report: an account of total number of wills drafted by paralegals
91
What is in the Workload Report?
Workload Report: detailed synopsis of total number of visitors seen, their average wait time, and documents provided to the client by an attorney, paralegal, or civilian employee
92
What is in the Notary Report?
Notary Report: provides total number of notarial acts and/or will executions provided by each member of the office
93
What is in the Annual Report?
The Annual Report:
full-spectrum statistical data regarding visits such as: number of clients served (categorized by pay grade, ARC status, and retired) and other subject areas;
documents provided;
will executions;
notarizations, and
specially identified areas of law
94
Do offices maintain copies of POAs or Wills? Do they maintain files on legal assistance clients?
No.
3. 9.1. Offices will not maintain copies of executed wills, advance medical directives, or powers of attorney. (T-3). To better protect confidentiality, after clients execute these documents offices should periodically purge shared-drive folders of the unexecuted and executed documents developed during the course of representation.
3. 9.2. Offices and/or attorneys will **_not_** keep formal files on legal assistance clients, except when required, (dual representation letters for one year). If necessary, the legal assistance attorney will copy only those documents needed during the course of active representation and immediately return original documents to clients. (T-3).
95
Describe the purpose of estate planning (W)
The purpose of a will is to spell out an individual's wishes regarding their property and persons after death
A will can provide for minor beneficiaries, arrange for minor children to be supported, appoint a guardian, and appoint agent(s) or an alternate agent to take care of tangible and intangible property
96
What does Estate Planning involve?
Executing a will
Advance medical directive
Living will, and or trusts.
97
Generally, who should have a will?
Any person who has children or owns real or personal property
98
Military POAs, advance medical directives, and military testamentary instruments must be prepared IAW what?
10 USC § 1044b, 1044c, and 1044d
99
What does the following term mean in regards to estate planning?
Beneficiary
A person named in a will to receive specified property benefits from an act of another
100
What does the following term mean in regards to estate planning?
Bequeath
Testator or Testatrix is giving personal property
101
What does the following term mean in regards to estate planning?
Codicil
Supplement or addition to a will is used to explain, modify, add, subtract, qualify, alter, restrain, or revoke provisions in a will
102
What does the following term mean in regards to estate planning?
Community property
Property owned in common by two persons as a kind of marital partnership
103
What does the following term mean in regards to estate planning?
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
104
What does the following term mean in regards to estate planning?
Durable power of attorney for healthcare
Appoint another person to make healthcare decisions should the grantor become incapacitated and unable to make decisions independently
105
What does the following term mean in regards to estate planning?
Estate
All possessions of one who has died are subject to probate administration and distribution to heirs and beneficiaries
106
What does the following term mean in regards to estate planning?
Execution
The signing and notarizing of a will if the state requires a notary
107
What does the following term mean in regards to estate planning?
Executor or Executrix
A person named by the testator or testatrix is responsible for administering their estate upon their death.
108
What does the following term mean in regards to estate planning?
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.
109
What does the following term mean in regards to estate planning?
Intangible property
Used chiefly in the law of taxation, this term means such property with no intrinsic and marketable value. Still, it is merely the representative of evidence of value, such as certificates of stocks and bonds
110
What does the following term mean in regards to estate planning?
Issue
All persons who have descended from a common ancestor
111
What does the following term mean in regards to estate planning?
Last will and testament
The legal expression or declaration of a person's mind or wishes as to the disposition of their property to be performed or take effect after their death.
112
What does the following term mean in regards to estate planning?
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
113
What does the following term mean in regards to estate planning?
Per capita
The distribution of property in equal shares only among living children
114
What does the following term mean in regards to estate planning?
Per stirpes
The distribution of property in equal shares among living children and the descendants of deceased children
115
What does the following term mean in regards to estate planning?
Personal Property
All intangible and tangible property that is movable, and thus not real property
116
What does the following term mean in regards to estate planning?
Preamble
Statement regarding revocation of all previous wills and codicils. It declares the testator's or testatrix's domicile. This is required for recognition by states.
117
What does the following term mean in regards to estate planning?
Probate
The judicial process to determine the validity of a will
118
What does the following term mean in regards to estate planning?
Real property
Land and everything permanently affixed to lands, such as structures and the fixtures within the structures
119
What does the following term mean in regards to estate planning?
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
120
What does the following term mean in regards to estate planning?
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
121
What does the following term mean in regards to estate planning?
Tangible property
Something capable of being felt or touched, or possessing physical form; for example, cars and furniture
122
What does the following term mean in regards to estate planning?
Testamentary instrument
An instrument that is prepared with testamentary intent per AFI 51-304, and is executed IAW 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
123
What does the following term mean in regards to estate planning?
Testator or Testatrix
The person who requests the execution of a will.
124
What does the following term mean in regards to estate planning?
Trust
A right of property, real or personal, held by one party for the benefit of another
125
What does the following term mean in regards to estate planning?
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
126
State the purpose of the Lexis+ Estate Planning Kit (W)
Assists in preparation of wills, advance medical directives, POAs, and conduct legal research
127
Steps to prepare a will in Lexis+
Go to FLITE → Knowledge management → Login to Lexis+ → Left side, "Practical Guidance" → Scroll down to “Trust and Estates” → Left side, “Estate Planning Forms with Military Language Resource Kit” → Select jurisdiction → Select form (POA, Will, Advance medical directive), “Build Your Document” → Begin to create document
128
Explain the minimum procedural requirements to conduct a proper will execution ceremony (W)
Requires the testator/testatrix, two disinterested witnesses, a notary, and two witnesses.
Must be executed by testator or testatrix who have read the will in its entirety and understand it's contents and terms.
Witnesses must verify military identifications for testator/testatrix.
Notary will ask a series of “yes” or “no” questions to the testator and testatrix, and then to the witnesses.
Once questioning is done, the testator testatrix will begin initialing and signing the will and other documents.
Witnesses must observe initialing and signatures of testator/testatrix.
Each witness then initials and signs in correct places.
Will is notarized by the notary
129
Can the notary in a will execution also be a witness.
No.
130
Where should a will be kept?
With an attorney
Fireproof box
Freezer
Executor(s) or principal beneficiary(ies)
Some states allow filing with probate court for safekeeping
131
During a will execution, who can the notary be?
A military legal assistance counsel
Military or civilian paralegal supervised by a legal assistance attorney
Civilian employee not acting under the authority granted in 10 USC § 1044a if both of the following apply: The SJA designates that civ employee to serve as a notary, and the civilian employee is qualified as a notary under the state's laws where they perform notarial duties.
132
Why is a safe-deposit box not recommending for storing an individual's will?
When a person dies, the bank may freeze the safe until a court order is obtained.
133
Explain the types and purpose of healthcare instruments, such as living wills and medical powers of attorney (W)
Advance Medical Directives (AMDs) is a broad, overarching term for documents like living wills and medical powers of attorney.
A living will state's a person's desires regarding the termination of life support in the event of a terminal, incurable medical condition. State requirements may apply. Used to make end-of-life decisions. Empowers loved ones. Shifts burden.
A medical POA is used to appoint a trusted person (designated agent) to make temporary medical care decisions in the event of a person's incompetence or inability to communicate their choices or desires. State requirements may apply. Avoids court proceedings. Always durable.
134
Are medical POAs always durable?
Yes
135
Do you need to know each states laws regarding living wills and medical POAs? Why?
Yes you do. If the state does not recognize that document, the document produced by the legal office will not be recognized either.
136
State the primary purpose of the AF Preventative Law Program (W)
To educate CC's, military members, and their families on legal issues to prevent legal problems and reduce the time and resources needed to resolve those issues. Helps enhance command effectiveness & readiness (periods of mobilization & deployment)
137
Identify key facts regarding management of the Preventative Law Program at base level (W)
Base SJAs are responsible for and manage the preventative law program at their installation. SJAs appoint a Chief of Preventative Law who develops and implements educational initiatives as their primary duty.
138
What are some of the roles the SJA plays in the Preventative Law Program at the base level?
Manages and determines the extent of the installation program
Ensures the program includes info on all legal matters, not just legal assistance topics
Stresses legal areas where the AF has a direct interest in the outcome as well as areas likely to impact base readiness and morale
Appoints a Chief of Preventative Law
139
What key roles does the Chief of Preventative Law play?
Develops and implements educational initiatives
Communicates with other legal offices and appropriate federal, state, and local agencies.
140
List examples of outreach programs legal offices provide in support of the Preventative Law Program (W)
Mobilization and deployment preparation
Commander awareness
Servicemember awareness
Common legal problems
Novel legal concerns
Base-wide activities
Law day
Support
Tax assistance
141
Regarding preventative law programs outreach, discuss the purpose and other facts about the following:
Mobilization and deployment preparation
Educates members on their personal legal needs to ensure readiness for mobilization and deployment
discusses rights under SCRA and USERRA.
Includes documents or legal assistance before deployment or mobilization
CC's and first shirt's are vital by highlighting importance of seeking legal assistance as part of readiness.
142
Regarding preventative law programs outreach, discuss the purpose and other facts about the following:
Commander awareness
Educates CCs, first shirts, and staff agency chiefs on legal office's full range of legal services. (all services not just legal assistance)
Outlines advantages of timely use of legal services and all legal matters affecting the installation such as fraud, waste, abuse; standards of conduct; environmental, contract, and military justice issues; and claims.
Inform CCs and 1st shirts of availability to present briefings.
143
Regarding preventative law programs outreach, discuss the purpose and other facts about the following:
Servicemember awareness
Promotes servicemember awareness concerning the importance of recognizing legal issues, seeking timely legal advice, and considering the legal consequences of their actions before signing legal documents.
144
Regarding preventative law programs outreach, discuss the purpose and other facts about the following:
Common legal problem
Identifies common legal issues encountered by servicemembers and family members using WebLIONS' capability to provide statistical reports on demand.
145
Regarding preventative law programs outreach, discuss the purpose and other facts about the following:
Novel legal concerns
Novel = NEW ISSUES
Maintains vigilance to identify new consumer scams.
New scams = new educational materials promptly developed and disseminated.
146
Regarding preventative law programs outreach, discuss the purpose and other facts about the following:
Base-wide activities
Encourages the:
Submission of articles f/ base newspaper, daily bulletin board, and military pubs on current legal assistance issues
Distribution of handouts or pamphlets on preventative law measures at legal office, AFRC, or other
Development and maintenance of legal office websites, w/ operating hours and contact info which provide avenue to preventative law materials
Presentation of preventative law lectures and seminars
147
Regarding preventative law programs outreach, discuss the purpose and other facts about the following:
Law day
Observed every year on the first day of May
To draw attention to the principles of justice and the practice of law.
Has a theme
148
Regarding preventative law programs outreach, discuss the purpose and other facts about the following:
Support
Coordination w/ bar associations to provide no-fee or reduced-fee legal services for servicemembers and family members, particularly those with low income
149
Regarding preventative law programs outreach, discuss the purpose and other facts about the following:
Tax assistance
Service offered, to those eligible, with assistance in filing their taxes.
Volunteer Income Tax Assistance (VITA), IRS program to assist with taxes.
150
What is the following acronym?
AFLSA
Air Force Legal Services Agency
151
What is the following acronym?
AMD
Advance Medical Directive
152
What is the following acronym?
CAC
Common Access Card
153
What is the following acronym?
CLSL
Community Legal Issues Division (AFLOA/CLSL),
154
What is the following acronym?
CAPSTONE
Hands-on, practical exercise
155
What is the following acronym?
CC
Commander
156
What is the following acronym?
CLS
Community Legal Services
157
What is the following acronym?
CPTS
Finance
158
What is the following acronym?
DRU
Direct Reporting Unit
159
What is the following acronym?
DoD
Department of Defense
160
What is the following acronym?
EPR
Enlisted Performance Report
161
What is the following acronym?
FLITE
Federal Legal Information through Electronics
162
What is the following acronym?
FOA
Field Operating Agency
163
What is the following acronym?
FSS
Force Support Squadron
164
What is the following acronym?
GSU
Geographically Separated Unit
165
What is the following acronym?
IAW
In Accordance With
166
What is the following acronym?
LAWS
Legal Assistance Web Site
167
What is the following acronym?
LEXIS
Legal Electronic Research System
168
What is the following acronym?
LOW
Law of War
169
What is the following acronym?
PA
Privacy Act
170
What is the following acronym?
PCS
Permanent Change of Station
171
What is the following acronym?
POA
Power of Attorney
172
What is the following acronym?
SPOA
Special Power of Attorney
173
What is the following acronym?
TSP
Thrift Savings Plan
174
What is the following acronym?
USERRA
Uniformed Services Employment and Reemployment Rights Act
175
What is the following acronym?
VITA
Volunteer Income Tax Assistance
176
What is the following acronym?
WebLIONS
Web-based Legal Information Online System
177
What is the following **symbol**?
§
Section
178
What methods are used to terminate previous POAs?
Language in the new POA will terminate any previous POAs (within the preamble). Previous POAs can be specified
A recension document
179
If an individual has changed their last name, how can you pull them up on WebLIONS?
Enter just their DoD ID number
180
Why do you need to ensure the information on the “Client Information” screen on WebLIONS is accurate?
This information is used to create various POAs and other documents on WebLIONS
181
If a **_dependent_** comes in, what should be included on their “Client Information”
Their sponsors information should be input into the “sponsor information” box
182
What is the “Retrieve Laws POA/Will” box used for?
To retrieve the client's worksheet from the AF legal assistance website
183
If you draft your own POA, or have your own POA drafted for you, can you be the one to notarize it?
No. You can draft it but cannot be the one to notarize it (conflict of interest)
184
Can you extend some GPOAs beyond one year, or other SPOAs beyond two?
Yes, in special circumstances (deployment beyond one year, etc).
185
When drafting a POA of any type, when should you select “State” in the “Jurat” box?
Only select “State” if the person notarizing the POA is an authorized notary under the state.
186
What is Rule 1.7 CONFLICT OF INTEREST from AFI 51-110, Professional Responsibility Program
Rule 1.7 CONFLICT OF INTEREST: CURRENT CLIENTS
(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:
(1) the representation of one client will be directly adverse to another client; or
(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.
(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:
(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;
(2) the representation is not prohibited by law;
(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and
(4) each affected client gives informed consent, confirmed in writing.
DISCUSSION
Some limitations may be inherent in representation by an Air Force lawyer. Counsel should always ensure that each client is aware of such limitations and how they may specifically affect the representation. See Rule 1.2, Rule 1.4, Rule 1.13, and Standard 4-3.5.
Rule 1.7(b) contemplates waiver of a conflict based on client consent in certain cases. In the organizational context, the proper Air Force authority to provide consent will depend on the circumstances. Absent specific regulatory guidance to the contrary, such authority will normally be the commander or Air Force official with decision making authority regarding the subject matter of the representation, that official’s staff judge advocate or superior authority.
187
What is Rule 1.8 CONFLICT OF INTEREST from AFI 51-110, Professional Responsibility Program
Rule 1.8 CONFLICT OF INTEREST: CURRENT CLIENTS: SPECIFIC RULES
(a) A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client unless:
(1) the transaction and terms in which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client;
(2) the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel on the transaction; and
(3) the client gives informed consent, in a writing signed by the client, to the essential terms of the transaction and the lawyer’s role in the transaction, including whether the lawyer is representing the client in the transaction.
(b) A lawyer shall not use information relating to representation of a client to the disadvantage of the client unless the client gives informed consent, except as permitted or required by these Rules.
(c) A lawyer shall not solicit any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless the lawyer or other recipient of the gift is related to the client. For purposes of this paragraph, related persons include a spouse, child, grandchild, parent, grandparent, or other relative or individual with whom the lawyer or the client maintains a close, familial relationship.
(d) Prior to the conclusion of representation of a client, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation.
(e) [Modified] A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation.
(f) [Omitted]
(g) [Modified] A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims of or against the clients, unless each client gives informed consent, in a writing signed by the client. The lawyer’s disclosure shall include the existence and nature of all the claims or pleas involved and of the participation of each person in the settlement.
(h) A lawyer shall not:
(1) make an agreement prospectively limiting the lawyer's liability to a client for malpractice unless the client is independently represented in making the agreement; or
(2) settle a claim or potential claim for such liability with an unrepresented client or former client unless that person is advised in writing of the desirability of seeking and is given reasonable opportunity to seek the advice of independent legal counsel in connection therewith.
(i) [Omitted]
(j) A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced.
(k) [Omitted]
DISCUSSION
Conflicts of interest in the nature of prohibited transactions are specifically prohibited by the Joint Ethics Regulation (JER), DoD 5550.7-R. That regulation, the underlying Department of Defense Directive 5500.7, Standards of Conduct, and applicable Federal statutes (see generally 18 U.S.C. § 201, et seq) are an Air Force lawyer's primary authority concerning conflicts of this nature.
By adopting the ABA rule, the Air Force rule establishes only ethical parameters. It is doubtful that Air Force lawyers will find it necessary to obtain releases such as the ones described in 1.8(h). See 10 U.S.C. § 1054 and 28 U.S.C. § 1346 (b) and 2672 limiting remedies for malpractice by Air Force lawyers to actions against the United States.
Subsections (f), (i) and (k) were omitted as being inapplicable to Air Force practice. Subsection (j) addresses sexual relations with clients. Additional regulatory guidance may further prohibit sexual relations between clients and attorneys, including rules on fraternization, unprofessional relationships, adultery, conduct unbecoming an officer, and misuse of position and may constitute separate grounds for disciplinary or administrative action.
188
What is the website for clients to create will worksheets and POAs?
https://aflegalassistance.law.af.mil
189
How do you get the to the Legal Assistance ADMIN website
FLITE -→Reports → Legal assistance admin site
OR
FLITE → Management Systems → Legal Assistance (Admin)
190
What gives us the authority to act as a notary?
10 U.S.C. § 1044a
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044a&num=0&edition=prelim#:~:text=%C2%A71044a.,any%20of%20the%20uniformed%20services.
191
Recall items outlined in 10 U.S.C. § 1044a
(a) The persons named in subsection (b) have the general powers of a notary public and of a consul of the United States in the performance of all notarial acts to be executed by any of the following:
(1) Members of any of the uniformed services.
(2) Other persons eligible for legal assistance under the provisions of section 1044 of this title or regulations of the Department of Defense.
(3) Persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(4) Other persons subject to the Uniform Code of Military Justice (chapter 47 of this title) outside the United States.
(b) Persons with the powers described in subsection (a) are the following:
(1) All judge advocates, including reserve judge advocates when not in a duty status.
(2) All civilian attorneys serving as legal assistance attorneys.
(3) All adjutants, assistant adjutants, and personnel adjutants, including reserve members when not in a duty status.
(4) All other members of the uniformed services, including reserve members when not in a duty status, who are designated by regulations of the uniformed services or by statute to have those powers.
(5) For the performance of notarial acts at locations outside the United States, all employees of a military department or the Coast Guard who are designated by regulations of the Secretary concerned or by statute to have those powers for exercise outside the United States.
(6) All civilian paralegals serving at military legal assistance offices, supervised by a military legal assistance counsel (as defined in section 1044d(g) of this title).
(c) No fee may be paid to or received by any person for the performance of a notarial act authorized in this section.
(d) The signature of any such person acting as notary, together with the title of that person's offices, is prima facie evidence that the signature is genuine, that the person holds the designated title, and that the person is authorized to perform a notarial act.
192
Is a notary legally binding?
Yes
193
Specifically, what makes a foreign military member eligible for Legal assistance according to AFI 51-304, *Legal Assistance, Notary, Preventative Law, and Tax Programs*
AFI 51-304, *Legal Assistance, Notary, Preventative Law, and Tax Programs*
## Footnote
* 2.3.8. Foreign Military Personnel.*
* 2.3.8.1. Foreign military personnel, and their dependents residing with them, assigned to the United States either permanently or temporarily under official orders for purposes of combined missions with United States personnel or for training in programs sponsored by the United States. This assistance does not extend to foreign military personnel present in the United States solely to carry out another nation’s unilateral mission, such as use of ranges on a United States installation to test the foreign nation’s weapons system without the participation of United States personnel in the training.*
*2.3.8.2. Assistance provided under this section should be limited in scope to matters involving the interpretation or application of United States domestic law only. Such matters involve issues pertinent to a person’s relocation and requirement to be present in the United States to carry out official duties. Examples include but are not limited to landlord-tenant, consumer affairs, driver’s licenses, customs, tax relief, and similar assistance. Assistance should not be provided for matters implicating the laws of the sending state, such as wills and domestic relations, nor should any legal assistance be provided on matters that would impact the person’s status in the United States.*
194
Can a will ever be executed without attorney review?
**_NO_**
195
What are safe storage places for Wills?
Fireproof Safe, Freezer, Civilian Attorney
196
Where can you find the Standard Operating Procedures for executing a will?
FLITE → Knowledge Management → FLITEKM → Civil Law → Legal Assistance → Estate Planning → Under “Practice Resources” select Will Execution Guide
197
Where should a will **_not_** be stored?
at a bank safe-deposit box. They are usually locked upon death
198
What are some of the questions the notary asks the testator/testatrix?
1. **Do you (state full name of testator/testatrix) declare in the presence of (state the names of the witnesses) this document before you is your will?**
2. **Are you at least 18 years of age?**
3. **Do you consider yourself to be of sound mind?**
4. **Have you read the will in its entirety and do you fully understand its terms?**
5. **Do you have any additions or corrections you desire be made to the will?**
6. **Does the will, as drafted, represent your intentions as to how you wish your property to be distributed in the event of your death?**
7. **Have you prepared and are you executing this document voluntarily?**
8. **At any point in the process of preparing your will, do you feel you have been under any sort of duress, coercion, or undue influence?**
9. **Do you publish and declare this document to be your last will and testament?**
10. **Do you desire (state the names of the witnesses) witness your signature and execution of this will?**
11. **To the best of your knowledge, is either witness related to you by blood or marriage, or is either witness listed in your will as a beneficiary?**
199
What questions are asked to the witnesses of the will execution during the ceremony?
1. **Are you both 18 years of age or older?**
2. **Are you satisfied the testator/testatrix is 18 years of age or older?**
3. **Does the testator/testatrix appear to be of sound mind?**
4. **Does he/she appear to understand the nature of his/her actions?**
5. **Does he/she appear to be acting under duress or coercion?**
200
How does the Testator/Testatrix sign the will?
_Testatrix/Testator_. Assuming appropriate responses to the questions, the testator/testatrix then initials in the margin at the bottom of each page of the will except the page including the testator’s/testatrix’s signature at the end of the will. This assures identification and prevents subsequent addition and substitution of pages. The testator/testatrix also signs in the appropriate space at the end of the will and the self-proving affidavit where appropriate. The testator/testatrix should sign the will as his/her name appears in the will. The witnesses should be seated or standing in a position to observe the signing and/or initialing.
201
How do the two witnesses sign the will being executed?
_Witnesses_. Each witness then initials in the margins in the same area as the testator/testatrix and signs in the appropriate places at the end of the will. The witnesses also read and sign the self-proving affidavit above the witnesses’ printed or typed name and rank (if military). A printed or typed duty address should be included under their signatures.
202
What is some information that should be briefed to clients at the end of their will execution?
1. Inform clients that the office does not keep copies of the will
2. Stress the importance of safeguarding the will while ensuring personal representatives or others (as necessary) are aware of the original document’s location and have lawful access to obtain when needed. Remind clients the legal offices have had clients put wills in safe deposit boxes where executors are not listed to gain access or hide their wills so no one could find the will. Fire and waterproof safes work well.
3. Inform clients to avoid making copies or, at least, to limit the number of copies made. Copies can create confusion if the client later changes his or her will and does not recover old copies. If clients deem it necessary to make a copy, copies should be appropriately marked to clearly distinguish it from the original. Also, inform clients not to remove staples or other binding, as this could be indicative of tampering with the original will.
4. Remind clients that executing his or her will today rescinds prior wills and codicils as indicated within the will signed today. Clients may want to shred the old will or, if they insist on retaining the old will, they should mark it “void” on the top of each page. This eliminates confusion and helps ensure the intended and most recent will is used.
5. Remind clients some assets or contractual rights may pass outside of the will. Thus, clients should be reminded to periodically review beneficiary designations or deeds not likely to pass through the will during probate of the estate. These instruments can include, but are not limited to, life insurance proceeds, retirement accounts, stocks, pay on death accounts, transfer on death accounts, or deeds.
6. Remind clients that life-changing events may affect the will (e.g., divorce, new child, new guardian, predeceased beneficiary or personal representative). Wills may cover contingencies, but should not be viewed as a static document. Some changes may necessitate the execution of a new will. Clients should not pen and ink any changes to the will. Rather, clients should contact the legal office to make an appointment if questions arise about the need for a new will.
203
Are “Codicils” used in the Air Force?
No
204
Which Title 10 Code provides exemptions from state requirements as it applies to AMDs?
Title 10 U.S.C. 1044(c) provides federal exemptions from state requirements as it applies to AMDs. Documents created by a federal agency are given the same legal effect as an AMD produced by a state agency.
205
Which U.S.C. code provides authority for civilian Air Force employees appointed by the SJA servicing base to serve as notaries **at locations outside the United States**
10 U.S.C. § 1044a(b)(5)
206
Which U.S.C. lays out the requirements for States to recognize military POAs, AMDs, and Testamentary Instruments when executed by someone eligible for legal assistance under 10 U.S.C. § 1044 and 51-304
10 U.S.C. § 1044b - Lays out that States recognize military POAs (SPOAs, GPOAs, etc)
10 U.S.C. § 1044c - Lays out that States recognize military AMDs. Remember that some states don't accept AMD's at all, so no state or military AMD would be honored.
10 U.S.C. § 1044d - Lays out requirement for military Testamentary Instruments be recognized by the state
207
What is synonymous with a “last will and testament”
A Testamentary Instrument
