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Steps to PCS

Tips for your upcoming PCS move!

Base Legal Office

Legal Assistance Office 

Bldg 215 (by base flag pole)

Phone:

  • (808) 496-6738
  • Legal Defense: (808) 496 7088
  • Civil Matters: (808) 496-1829
  • Spouse Legal Representation: (808) 496-2057

MCBH.LAO@usmc.mil

Hours: POAs and Notary: 0800-1100& 1300-1600, MON-FRI

Consultations are APPOINTMENT ONLY

 

Walk-in consultations: Tue/ Thu 0730 1130

 

Services

  • Estate planning
    • Wills
    • Health care and Financial Powers of Attorney
    • Living Wills, Advanced Medical Directives
  • Contract Law/ Credit Problems
  • Civil Suits
  • Immigration and Naturalization
  • Landlord Tenant Disputes
  • Adoption Guardianships
  • Notary Public/ POAs
  • Family Law (including Divorce, Child Custody, & Child Support)
  • Attorney for Exceptional Family Members (EFM)

***The Legal Assistance Team enhances the readiness, morale, and welfare of service members, their dependents, certain reservists, and retired service members by providing quality legal services in personal CIVIL matters. We are NOT your personal attorney.

 

Who is Eligible

  • Active duty service members, including reservists serving on active duty for 30 days or more
  • Dependents of active duty personnel, and dependents of personnel who dies while on active duty
  • Retired military personnel, their dependents, and dependents of deceased retired military personnel.

 

What is a Will?

  • A legal instrument that tells the probate court:
    • What happens to your stuff (estate)
    • Who is responsible for your stuff (executor)
    • Who will take care of your kids (guardian)
  • Important notes about Wills
    • Your will does not dictate how your SGLI is paid out! SGLI money ($500k) is paid to the beneficiary listed on Form SGLV 8286
    • Death gratuity ($100k) is paid to whomever you select in your record of Emergency Data (DD Form 93).
    • If you die without a will, your stuff won't go to the state.
  • Other estate planning docs
    • Living Will
      • Near death or in vegetative state
      • Tells doctor to "pull the plug" and if/ how to donate organs
    • Healthcare POA
      • Choose who makes healthcare decisions for you if you are incapacitated 

 

Power Of Attorney

  • Gives someone the power to "be you"
  • Common uses:
    • Buy/ sell/ register vehicle 
    • Ship/ receive HHGs or vehicle 
    • Sign residential lease
    • DEERS for spouse 
    • small claims court
    • Manage finances (banking, taxes, etc.
    • In Loco Parentis (act as parent for a child)
  • POA Types
    • General Power of Attorney: Limited discretion to your agent. Very risky and a pain in the future.
    • Special power of Attorney: Agent can only do specific things. Minimizes risk. Recommended! 
  • POA Notes
    • ONLY GIVE TO SOMEONE YOU TRUST
    • Not always accepted -banks often have their own
    • Can be revoked
    • Original goes to person who has to use it -not you
    • Keep a copy for yourself

 

Service Members Civil Relief Act (SCRA)

  • SCRA saves you $$$
    • Residential Lease: terminate when deploy for greater than 90 days or you PCS
      • Written note and a copy of orders to landlord
      • Landlord cannot charge you for breaking your lease
      • Do it right to ensure you get your full security deposit back
    • Car Lease: terminate early without fee
    • Cell phone contract: terminate early without fee
    • Civil Court Suits: stayed while on deployment 
    • 6% Interest Cap: applies only to pre-service debt

 

Identity Theft: Preventative Measures

  • Place an "Active Duty Fraud Alert" on your credit report
    • experian, equifax, transunion
  • Don't want pre-approved credit cards arriving in the mail?
    • www.optoutprescreen.com
  • Want your yearly free credit report (for each bureau)?
    • www.annualcreditreport.com

 

Vehicle Storage

  • Registration current through deployment?
  • Insurance through deployment?
  • Special POA to care for vehicle?

 

Recurring Financial Obligations

  • What bills need to be paid while you are gone?
    • Loans
    • Credit cards
    • Utilities (phone, internet, electric)
    • Gym membership
    • Child support

Moving Without Spouse

  • Power of attorney (POA) for Accept/ Terminate Base Housing, Car shipping, DMO, Real Estate Purchase, etc.

 

Terminating Quarters (on/ off base)

  • Written notice + copy of orders

 

PCS to foreign country

  • Report births to U.S. embassy to ensure citizenship

 

Green card holders

  • Notify USCIS of address change within 10 days 

**Not notifying the USCIS is a criminal offense and may jeopardize citizenship