Ninth District Legal Assistance Program

1. Ninth District Legal Assistance Program Legal Assistance Briefing PSU 309 Yellow Ribbon Event November 10, 2012 Steve Lynch, D9 Legal Assistance stephen.t.lynch@uscg.mil O: 216-902-6010 or C:216-214-4545

2. Briefing Covers • WELCOME BACK!!! • Overview of Services • Legal Highlights • Reemployment Rights • Wills and Powers of Attorney • SGLI • SCRA • Questions & Comments

3. Legal Assistance Program Includes • Individual Client Legal Services • Advice • Referral • Documents - Letters • Limited Representation – Not in-court • Topics • Non-criminal matters • Wills, powers of attorney, landlord-tenant, consumer, Servicemembers Civil Relief Act (SCRA), family law, immigration, others

4. Overview – Things to Know • Landlord Tenant • Early Termination – PCS or 90+ TAD • No Eviction with Court Order • Ohio – No Termination of Utiilties • Vehicle Lease • Early Termination – PCS OCONUS or 180+ TAD • Consumer Law • Active Duty Alert • Ohio Attorney General – Expedited Processing • Pre-Service Loans – 6% Interest

5. Overview – Things to Know • Civil Court Hearings AND Administrative Hearings • 90 Day Delay or MORE as Needed • Default Judgments – Special Protections • Foreclosure – Special Protections • Reemployment Rights – Special Protections • Ohio – School Enrollment – Special Protections • Ohio – Income Tax – Military Pay Exempt Once Stationed or Deployed Outside Ohio

6. Overview – Things to Know • Mortgages and Credit Cards • Let Lender Know Military Status • Ask for Military Rate or 6% rate (whichever is better deal) • Watch Out for Scams • “Military Affiliations” • Too Good to be True? • COUNTERFEIT CASHIERS CHECKS & MONEY ORDERS • DON’T DEPOSIT $$$ and THEN WIRE TO SOMEONE ELSE!!!

7. USERRA • Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) • Department of Labor • VETS – Veterans Education and Training Srv. • www.dol.gov/elaws/userra0.htm • Employers Support to Guard & Reserve • ESGR • http://esgr.org/site/

8. USERRA (cont.) • Watch out for “undue hardship” claim by employer! • Claims that reemployment causes undue hardship • Contact VETS immediately • VETS Form 1010 • FY 2010 Stats • DoL – 1438 “new” cases opened/reviewed • ESGR – 3200 cases opened by ombudsman • More info http://www.dol.gov/vets/programs/userra/ 8

9. Legal Topics – Family Law • Family Law • Custody & Support – Get it spelled out BEFORE you deploy or PCS • Guardianship vs POA – School • CG Support Guidelines • COMDTINST M1600.2 para 2E.3.c in • Adoption • COMDTINST 1754.9A

10. Powers of Attorney (PoA) • POA – designate agent to act on behalf of principal • Agent has same legal authority as principal for those acts • Others may refuse to honor a POA or insist on revisions • So … check ahead of time.

11. General vs. Special POA • General POA – agent can do ANYTHING principal could do • Worst cases do occur • Special POA – limits agent’s authority • Recommended – lowers risk • Out of 100 POAs – how many SPOAs?

12. Special PoA • Special PoAs are recommended for: • Household goods - Possession/moving • Housing – Accept/terminate/ clear • Use/license/register autos (not sell) • Handle legal proceedings • Collect money due you

13. Advanced Medical Directives • Living Will or Directive to Physician • When to take off life support • How to be treated in “end” state • Medical POA • Appoint someone to make medical decisions for you

14. SGLI v. Wills • SGLI is paid outside probate • Will generally does not affect who gets SGLI -- SGLV form controls • Will – Everything to my spouse • SGLI – Everything to my parents • Question – Who Gets More? For most – the parents • Rule of Thumb: • If your will needs to be updated, check to see if SGLI needs updating too

15. Who needs a will? Will • Individual call • Ordered to get one? Not a good idea • Most need one, especially those with children or who may have children • Without will – court appoints “executor” • That means time and $$$

16. How to Get One Will • Fill Out Questionnaire • Complete Questionnaire – handout or on d9 legal web site • Email/Fax completed form to me • Call if you have questions • Draft sent to you for review • Time set up for “execution” before notary and two witnesses

17. In-State Tuition • Members of Armed Forces on active duty for period of 30 days or more and their families are eligible to receive in-state tuition at public colleges and universities where they reside or are permanently stationed • Section 135, Higher Education Opportunity Act – Effective July 1, 2009

18. Legal Contact Points • For Legal Assistance • D9 - Call(216) 902-6010 • EAP - 1(855)247-8778 • Ft. Drum, NY – (315)772-5261 • Great Lakes, IL - 847-688-4753 x112 • Law School Clinics • Cooley Law School (MI)– Service to Soldiers Clinic • Call Heather Spielmaker, (517)371-5140 x4112 • Helpful Web Sites: -www.uscg.mil/d9/D9Legal/ - www.statesidelegal.com - www.jagcnet.army.mil/legal

19. Questions & Comments • Common Questions • How many lawyers does it take to change a light bulb? • How do you get a group of lawyers to smile for a picture? • Why do so many lawyers have broken noses? • Thanks – trust me, I’m a …. • Office: (216)902-6010; Cell: (216)214-4545 • stephen.t.lynch@uscg.mil