You have just received your orders, and you will be deployed shortly. No matter how soon you
are leaving, there is still time to ensure that your affairs are in order.

1. Review or prepare a Family Care Plan. Regardless of the branch of the military in which
   you are serving, you may be required to complete a Family Care Plan (FCP). An FCP is
   usually required for individuals who
   ● are single parents with custody of children under 19,
   ● are in dual-military marriages with dependent children,
   ● are married and have custody or joint custody of a child whose other legal parent is not
   their current spouse,
   ● bear sole responsibility for the care of children under 19 or for others who are unable to
   care for themselves in the service member’s absence, or
   ● are primarily responsible for the care of a dependent family member.
   An FCP provides written instructions and legal documentation outlining how your loved
   ones’ day-to-day needs will be met in your absence. It designates a caregiver, confirms their
   willingness to take on that responsibility, and includes essential documents such as powers
   of attorney and medical authorizations. You will need to submit this plan to your command
   for review and approval to ensure that everything is in place and meets applicable military
   requirements.
2. Review estate planning documents or have them prepared. To ensure that your wishes
   are carried out, they must be written down in a legally valid way. You can accomplish this
   through the use of a last will and testament (sometimes referred to as a will) or a revocable
   living trust (sometimes referred to as a trust). If you already have a will or trust, make sure
   that it still accurately reflects your current wishes. Also, if you have married or had a child
   since your will was prepared, you may want to consider revising your plan to include a trust.
   While a will and a trust are both designed to distribute your money and property according to
   your wishes, a trust has the added benefit of allowing the administration to take place
   without court involvement, which can save time and money and maintain your loved ones’
   privacy. A trust also can be designed to protect your beneficiaries’ inheritances from
   creditors, predators, judgments, or divorcing spouses.
   If you decide to transition from a will-based estate plan to a trust-based plan, you will still
   need a pour-over will as part of your overall estate plan. Even with a trust handling the
   distribution of your assets, a will serves several important functions; most notably, it allows
   you to nominate a guardian for your minor children if something happens to you. A will can
   also serve as a safety net by directing any assets not already titled in the name of your trust
   (or otherwise passed by beneficiary designation) to be “poured over” into the trust upon your
   death.

While both a will and a trust play an important role in securing your loved ones’ financial
future, there are other estate planning tools that need to be reviewed or created to ensure
maximum protection for you and your loved ones.
Financial Power of Attorney
If your spouse or you are going to be deployed, having a financial power of attorney is
incredibly important. This tool allows you to appoint a trusted individual to act as your agent
for financial and legal tasks. This person will be able to transact business on your behalf.
This tool can be customized to fit your unique situation and circumstances.
Medical Power of Attorney
This tool allows you to name someone to make medical decisions on your behalf if you are
unable to make or communicate those decisions yourself.
Power of Attorney for Minor Children
Some states recognize a tool that allows you and your spouse to give a named person the
authority to make decisions on behalf of your minor child. This can be helpful if one parent is
deployed and the other parent is unreachable or if your minor child is spending time away
from you. The length of time this tool is effective after it is signed varies by state. Also, in
most states, the named person cannot consent to the adoption or marriage of your minor
child.
Separate Nomination of Guardian
Depending on whether it is permitted in your state, you may want to consider creating a
separate document to nominate guardians for your minor children. Many people prefer this
approach because it is typically easier and less expensive to update than a last will and
testament. In addition, this separate document may carry more legal weight in the selection
of a guardian for your minor children if you are alive but become unable to care for them,
unlike a last will and testament, which takes effect only upon your death.

3. Review or complete beneficiary designations. As a service member, you may have
   access to life insurance policies or other survivor benefits through the military. Review these
   policies and any corresponding beneficiary designations to ensure that they still reflect your
   current wishes and that the right person will receive the benefits. As mentioned, this is
   especially important if you have recently married or had children. Although it is common to
   name loved ones as the beneficiaries of a life insurance policy, if the people you named are
   minor children who may need assistance managing the large lump-sum distribution of the
   policy or benefits, you should consider creating a trust and naming the trust as the
   beneficiary instead. Your loved ones will still receive the benefit of the death proceeds, but
   you will have the ability to provide instructions as to how the money is to be used rather than
   permitting an outright distribution. You will also have the ability to choose who will oversee
   the trust.
4. Assess your life insurance needs. When planning for the financial security of your family,
   assessing their specific needs is important. According to the United States Department of
   Veterans Affairs, Servicemembers’ Group Life Insurance is available in $50,000 increments
   up to a maximum of $500,000. However, if you need more coverage than this, research your
   other options as early as possible. We would be happy to provide you with the names of a
   few trusted agents who can discuss your options based on your unique circumstances.
   We Are Here to Help
   You have made a heroic decision to serve your country, and we are here to serve you. If you
   have any questions about starting or reviewing your estate plan, please call Tina M. James,
   Esq.