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.
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.
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.
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 us.
At Legal Legacy Trusts & Estates, empowering your legacy with thoughtful planning is at the heart of what we do. Our team is here to provide clear, compassionate guidance tailored to your unique needs. Fill out the form below, and let us help you take the first step toward protecting what matters most.