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.

LEGAL PROTECTIONS AND BENEFITS

YOUR JOB – EMPLOYMENT AND REEMPLOYMENT RIGHTS

ESTATE PLANNING

SERVICEMEMBER’S SUPPORT REFERENCE PHONE LIST

USEFUL WEBSITES & STATUTORY REFERENCES

SAMPLE LETTERS