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Block III Flashcards

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1
Q

Legal Assistance, Notary, Preventative Law, and Tax Programs

Directive

A

AFI 51-304

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2
Q

Professional Responsibility Program

Directive

A

AFI 51-110

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3
Q

Standards of Ethical Conduct for Employees of the Executive Branch

Directive

A

5 CFR Part 2635

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4
Q

Joint Ethics Regulation

Directive

A

DoD 5500.07-R

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5
Q

AFI 51-304, paragraph 1.1 Legal Assistance, Notary, Preventative Law, and Tax Programs

What is the purpose of the legal assistance program?

A
  • Support and sustain command effectiveness and readiness
  • Highest priority to mobilization and deployment
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6
Q

HQ USAF/JACA

A

Legal Assistance Policy Division

monitors and is responsible for the overall administration of the legal assistance program. Monitor WebLIONS, the wills program, legal assistant website, tax program

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7
Q

Authorized to supervise staff to ensure compliance with AFI 51-304

A

MAJCOM
Field Operating Agency (FOA)
Direct Reporting Unit SJAs (DRU)

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7
Q

HQ USAF/JACA responsibilities

A

monitors the administration of the legal assistance program.

WebLIONS, wills program, Legal Assistance Website, and the Tax Program Reporting System

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8
Q

Legal Services Provided in base offices

A

Last will and testament
advance medical directives
powers of attorney
notaries
SCRA and USERRA
Family law: child support, etc.
Landlord-tenant law
Consumer law
Immigration & naturalization
Assistance for crime victims
Tax assistance

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9
Q

How to verify eligibility/process a client for assistance

A

“The three i’s”

  1. Identification (CAC/ID)
  2. Issue
  3. Input: if eligible input client data to WebLIONS to maintain a record
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10
Q

Individuals entitled to legal assistance

A
  1. Active duty
  2. ARC in Title 10 status
  3. Retirees
  4. DoD civillians/contractors (for wills and POAs) or are assigned overseas
  5. ARC not in Title 10 - Limited assistance
  6. Foregin military (under unique circumstances)
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11
Q

AFI 51-304, paragraph 2.3

A

outlines who is eligible for legal assistance

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12
Q

List common legal documents provided through the legal assistance program

A

powers of attorney
last will and testaments
living wills
advance medical directives
bill of sale
affidavits
lease agreements

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13
Q

SCRA

A

Service Member’s Civil Relief Act

covers wills, advanced medical directives, powers of attorney, protections, etc.

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14
Q

USERRA

A

Uniformed Services Employment and Reemployment Rights Act

Protects military personnel from being unlawfully removed from or demoted from their job duties as the result of military services

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15
Q

SPOA

A

Special Power of Attorney

gives a person specific authority to act on the grantor’s behalf. Is specific to what a grantee is permitted to do.

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16
Q

GPOA

A

General Power of Attorney

provides an individual the power to act on behalf of another in any and all matters

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17
Q

Affidavits

A

a sworn statement that is signed by the person making the statement in writing and notarized

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18
Q

What is the difference between a GPOA and a SPOA

A

A SPOA limits the scope of authority given by the power of attorney by specifying the powers that are being given to the grantee

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19
Q

As a matter of AF practice, when do POA’s expire?

A

after one year, in some circumstances it can be extended to two years

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20
Q

LAWS (Client Website)

A

Legal Assistance Website

Administered and monitored by JACA. Offers general information on base-level legal assistance and allows for clients to provide online feedback to legal offices.

Clients can begin inputting information needed for legal documents on the website, but must visit the legal office to complete the documents.

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21
Q

LAWS is not a replacement for

A

legal advice

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22
Q

Who reviews client feedback and how often?

A

The base SJA; bi-annually

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23
Q

United States Code that gives paralegals the authority to act as a notary

A

10, U.S.C, 1044a

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24
Notary
acts as an official, unbiased witness to the identity and signature of the person who comes before the notary
25
common notarization types/notorial acts
acknowledgement and a jurat
26
Legal documents provided through legal assistance that can be notarized
powers of attorney last will and testament bill of sale vehicle transfers TSP withdrawal forms affidavits
27
Acknowledgement
not a sworn document does not require an oath to be administered prior to signing
28
Jurat
sworn document (affidavits) typically specified within the document that the person signing must administer an oath prior to sign the document
29
Notary seal/stamp
Required on all notarized documents. May be raised but is not required to be by law.
30
Individuals elligible for notary services
- US armed forces members - eligible under AFI 51-304 - serving with, employed by, or accompanying the armed forces outside the OCONUS - All subject to the UCMJ outside the US
31
A notary log must include...
- signers name and signature - type of document - quantity of documents notarized - date the document was notarized - location where notary took place
32
Identify the basic requirements for WebLIONS data entry
- member must be assigned to an office with a need for WebLIONS - Computer and internet access - Client eligibility - Required personal information to input
33
What are the benefits to WebLIONS tracking office visits?
- track which attorney sees each client - prevents conflict of interest - provides statistical data to the office and higher headquarters
34
Which software is used by paralegals to generate Powers of Attorney?
WebLIONS
35
List the different reports available in WebLIONS
- Individual Report - Paralegal Wills Report - Workload Report - Notary Report - Annual Report
36
WebLIONS Individual Report
provides an account of an individual's workload, categorized by subject; documents reviewed and provided; office visits; the number of clients seen; the number of notaries performed; and the number of wills reviewed and executed
37
WebLIONS Paralegal Wills Report
provides an account of the total number of wills drafted by paralegals
38
WebLIONS Workload Report
gives a detailed synopsis of the total number of visitors seen; their average wait time; and documents provided to the client by an attorney, paralegal, or civilian employee
39
WebLIONS Notary Report
provides the total number of notarial acts and/or will executions provided by each member of the office.
40
Situations that would require referral of a client to a civilian attorney
- Official matters that the AF has an interest in - Ethical conduct or LAW violations - personal, commercial enterprises - Third party issues - Real Estate, separation, divorce decree documents - Private organizations - Representation in court
41
Situations that require referral to the appropriate military defense counsel
- Civilian criminal matters - Potential of the client to be involved in adverse action under the UCMJ - Article 138, UCMJ (a person believes themselves wronged) - subject of court-martial - client has already retained a civilian attorney
42
Outside agencies that may be given to a client as a referral
- IG (Inspector General): Supervisory/Command complaints - EO (Equal Opportunity): office decisions based on discrimination - SARC: sexual assault - MPF (Military Personnel Flight): CAC cards, DEERs/insurance, etc. - Finance: - AFRC (Family Readiness Center)
43
Beneficiary
a person named in a will to receive specified property benefits from an act of another
44
Bequeath
testator or testatrix is giving personal property
45
Codicil
supplement or addition to a will is used to explain, modify, add, subract, qualify, alter, restrain, or revoke provisions in a will
46
Community property
property owned in common by two persons as a kind of marital partnership
47
Domicile (or legal residence)
Place where a person has a valid, fixed, and permanent home and principal establishment. They have the intention of returning whenever absent for business, personal travel, or military duty.
48
Durable power of attorney for healthcare
Appoint another person to make healthcare decisions should the grantor become incapacitated and unable to make decisions independently
49
Estate
all the possessions of one who has died are subject to probate administration and distribution to heirs and beneficiaries
50
Execution
the signing and notarizing of a will if the state requires a notary
51
Executor or Executrix
a person named by the testator or testatrix is responsible for administering their estate upon their death. An executor (males) executrix (females)
52
Guardian
a person lawfully vested with the power and charged with the duty of taking care of and managing the property and rights of another person who, for some peculiarity of status or defect of age, understanding, or self-control, is considered incapable of administering their own affairs
53
Intangible property
used chiefly in the law of taxation, this term means such property with no intrinsic and marketable value. Representative of the evidence of value (certificates of stocks and bonds).
54
Issue
all persons who have descended from a common ancestor
55
Last will and testament
the legal expression or declaration of a person's wishes as the disposition of their property to be performed or take effect after their death.
56
Living will
states a person's desires regarding the termination of life support in the event of a terminal, incurable medical condition, during which the person is incapable of competently communicating their desires
57
Per capita
the distribution of property in equal shares only among living children
58
per stirpes
the distribution of property in equal shares among living children and the descendants of deceased children
59
personal property
all intangible and tangible property that is movable, and thus not real property
60
Preamble
statement regarding the revocation of all previous wills and codicils. It declares the testator's or testatrix's domicile. This is required for recognition by states.
61
Probate
the judicial process to determine the validity of a will
62
Real property
land and everything permanently affixed to lands, such as structures and the fixture within the structures
63
Residuary estate
an estate that remains after all debts and expenses of administration have been paid. That portion of a person's estate is not otherwise devised or bequeathed
64
self-proving affidavit
each witness signs a notarized, written declaration, and the testator or testatrix attests to the circumstances under which the will was executed. This is usually included in or attached to the will
65
Tangible property
something capable of being felt or touched, or possessing physical form, for example cars and furniture
66
testamentary instrument
an instrment that is prepared with testamentary intent per AFI 51-304 and is executed in accordance with 10 USC 1044d by a person, as a testator or testatrix, who is eligible for military legal assistance; makes disposition of property of the testator or testatrix; and takes effect upon the death of the testator or testatrix
67
Testator or Testatrix
the person who requests the execution of a will.
68
Trust
a right of property, real or personal, held by one party for the benefit of another
69
Trustee
a person who administers the assets in trust for the benefit of one or more individuals who, for some peculiarity of status or defect of age, understanding, or self-control, is considered incapable of administering their own affairs.
70
Will execution ceremony requirements
- Testator/Testatrix - 2 disinterested witnessess - notary, seal, and log - self-proving affidavit or military preamble
71
What is the primary purpose of the AF Preventative Law Program
- educate commanders, members and dependents on legal issues - prevent legal problems - reduce time and resources needed for legal resolution - enhance command effectiveness and readiness
72
SJA responsibilites in the preventative law program
manages the program stresses areas where the AF has a direct interest in legal outcomes that directly impact base readiness appoints a Chief of Preventative Law
73
Chief of Preventative Law
Appointed by the base SJA Manages the daily implementation of the base preventative law program including: communicating with other military legal offices, headquarters, etc.
74
What is the focus of the preventative law program
education and preventive measures
75
Mobilization and deployment preparation
Outreach program: educates members on thier personal legal needs to ensure readiness - SCRA and USERRA - legal documents - emphasized by commanders and first sergeants
76
Commander awareness
Outreach Program Educate commanders, first sergeants, and chiefs on full range legal services
77
Form used when WebLIONS is down to record a client's visit.
AF Form 1175 To maintain accurate data on legal assistance provided when pulling reports

PAC (6 decks)

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