OFFICE OF THE
STAFF JUDGE ADVOCATE
A primary mission of the Office of the Staff Judge Advocate is to serve uniformed members of the California Military Department with legal issues related to their service.
If you are currently deployed and have a legal issue that may impede your ability to perform your duties, we can help you.
If you have received orders for active duty or have recently returned from deployment and have a legal issue related to your service, we can help you.
If you are not receiving the benefits you are entitled to or are being singled out because of your status as a member of the military, we can help you.
COL (CA) Scott Belden – Staff Judge Advocate
LTC (CA) John Beckman – Chief, Legal Assistance
MAJ (CA) Tim Scanlon – Deputy Chief, Legal Assistance
JAG ASSISTANCE
You will have an opportunity to meet with a Judge Advocate General (JAG) attorney to discuss and prepare legal documents.
Some of the things to think about and discuss with your spouse or family members before you meet with a JAG include:
Deciding whether you want to have a will drawn up for you; how you want to dispose of your property; and whom you want to appoint as executor of your will.
Deciding whether or not you need a living will. These documents can authorize a person you designate to make decisions regarding your medical care in the event you become incapacitated and cannot make those decisions yourself.
Deciding whether or not you should give a power of attorney to a friend or family member. This allows a person you choose to sign documents and take actions on your behalf.
If you have minor children, whether you want to give a childcare power of attorney to make certain decisions and take action on behalf of your children in your absence.
Providing notice to your employer, creditors, landlord, utility company and others regarding your deployment in order to trigger certain legal rights that exist for you and your family.
MOBILIZATION LEGAL GUIDE
Office of the Staff Judge Advocate
17 AUG 2020
This Mobilization Legal Guide contains information to assist you in understanding and addressing these important legal matters. However, it is necessarily general in nature and is not a substitute for legal advice concerning your particular situation. Additionally, while every care has been taken to ensure the accuracy of the information provided, due to the changes in the statutes and decisional law, some of the information and sample notices contained in this Guide may become outdated. For additional information or guidance regarding any of the matters covered, please consult with the JAG section.
INTRODUCTION
The information in this Guide is designed to help you and your family put your legal affairs in order. It also contains sample letters and notices you can use to take advantage of certain protections that are provided to mobilized servicemembers. The Guide provides information on such matters as:
- Legal Protections and Benefits
- Employment Protections
- Estate Planning
- Medical Planning
- Powers of Attorney
- Housing Issues
- Childcare Issues
- Insurance Issues
Legal Protections and Benefits
Legal Protections and Benefits that exist for you and your family, including relief from financial obligations; right to terminate leases and other contracts; protection against eviction, repossession, foreclosure and shutoff of utilities; and deferment of payments for deployed servicemembers.
Employment Protections
Employment Protections that give you rights to reinstatement in your job upon your return from service, with accrued seniority and benefits.
Housing Issues
Housing Issues including the impact of your deployment on any leases or rental agreements; where your family will live during deployment; and what protections exist against eviction and shutoff of utilities.
Medical Planning
Medical Planning including a “living will” and/or advance healthcare directive/medical power of attorney, and, if appropriate, a power of attorney that will allow someone to make medical decisions for your children in your absence.
Insurance Issues
Medical Planning including a “living will” and/or advance healthcare directive/medical power of attorney, and, if appropriate, a power of attorney that will allow someone to make medical decisions for your children in your absence.
Estate Planning
Estate Planning including your will, life insurance, and the disposition of property owned in joint tenancy.
Childcare Issues
Childcare Issues including preparation of a Family Care Plan and use of a power of attorney for childcare.
Powers of Attorney
Powers of Attorney for property, financial affairs, and other matters.