Essential Legal Documents for Military Families
Complete guide to organizing your family's estate documents, tracking physical locations during PCS moves, and knowing when to update critical legal paperwork.
Critical for Military Families
- •Powers of Attorney expire (usually 1-3 years) - review annually
- •Update wills at every PCS - state laws vary on estate execution
- •Track physical locations - know which HHG box has originals
- •Free legal assistance available at installation legal offices
Tier 1: Critical Estate Documents
Last Will and Testament
What it is: Legal document specifying how your assets are distributed after death, guardianship for minor children, and executor designation.
Why you need it: Without a will, state law decides who gets your assets and who raises your children. For military families, this is especially critical during deployments.
When to Update:
- • PCS to a new state (state laws vary)
- • Birth or adoption of children
- • Divorce or remarriage
- • Major asset changes (home purchase, inheritance)
- • Every 3-5 years as a best practice
💡 Free at installation legal offices - use this benefit!
Trust Documents
What it is: Legal arrangement where a trustee manages assets for beneficiaries during your life and after death. Avoids probate court.
Common types:
- Revocable Living Trust - You control assets during life, avoids probate
- Irrevocable Trust - Cannot be changed, protects assets from creditors/taxes
- Special Needs Trust - For EFMP families, preserves government benefits
Military consideration: Special Needs Trusts are crucial for EFMP families to preserve SSI, Medicaid, and other benefits while providing for child's future.
💡 Complex trusts may require civilian attorney, but installation legal can review
Powers of Attorney (POAs)
CRITICAL: POAs Expire!
Most powers of attorney expire 1-3 years from signing. Check expiration dates annually and renew before deployments or PCS moves.
Medical Power of Attorney
Authorizes someone (usually spouse) to make healthcare decisions if you're incapacitated. Essential for emergencies.
Financial Power of Attorney
Authorizes someone to manage financial affairs - banking, bills, taxes, real estate transactions. Critical during deployments.
General Power of Attorney
Broad authority for multiple areas. Some institutions won't accept general POAs - you may need specific ones.
Deployment Checklist:
- ✓ Verify POAs aren't expired or expiring during deployment
- ✓ Notarize before deployment (notaries not always available downrange)
- ✓ Give spouse 2-3 certified copies
- ✓ Upload digital copy to secure storage (CarryForward!)
- ✓ Provide copy to command/rear-D
Advanced Healthcare Directive / Living Will
What it is: Your preferences for medical treatment if you cannot communicate - life support, resuscitation, organ donation, pain management.
Why separate from Medical POA: Medical POA designates WHO makes decisions. Healthcare directive specifies WHAT decisions to make.
Key decisions to document:
- CPR / Do Not Resuscitate (DNR) preferences
- Mechanical ventilation / life support
- Artificial nutrition and hydration
- Organ and tissue donation
- Pain management priorities
💡 Discuss with spouse and primary care provider, update every 2-3 years
Vital Records
Marriage Certificate: Needed for DEERS enrollment, TRICARE, base access, spousal benefits. Get certified copies (not just photocopies).
Birth Certificates: For you, spouse, all dependents. Required for passports, school enrollment, EFMP, DEERS. Order 3-5 certified copies per person.
Where to store originals:
- Safe deposit box (most secure, but inaccessible during emergencies)
- Fireproof home safe (accessible but less secure)
- With attorney or trusted family member (backup copies)
PCS tip:
Don't pack vital records in HHG shipment. Keep in personally-owned vehicle or carry-on luggage. Lost shipments happen - you need these documents upon arrival at new duty station.
When to Update Your Documents
Life Events (Update Immediately)
- • Marriage or divorce
- • Birth or adoption of children
- • Death of beneficiary or executor
- • Major asset changes (home purchase, inheritance, business)
- • Diagnosis of serious medical condition (you or dependent)
Military-Specific Triggers
- • PCS to new state (wills are state-specific)
- • Deployment notification (verify POAs current, add 6+ months buffer)
- • Change in EFMP status or dependent care needs
- • Transition/separation from military
- • Change in rank/pay (affects estate value, update insurance beneficiaries)
Scheduled Reviews
| Document | Review Frequency |
|---|---|
| Powers of Attorney | Annually (check expiration) |
| Healthcare Directive | Every 2 years |
| Will / Trust | Every 3-5 years |
| Beneficiary Designations | Annually |
| Vital Records | As needed (no regular review) |
Tracking Physical Locations
One of the most overlooked aspects of document management: knowing where your originals are. Digital copies are convenient, but courts and many institutions require original signed documents.
Recommended Storage Strategy
Originals: Secure Physical Location
Safe deposit box or fireproof home safe. Document exact location (bank name, box number, key location).
Certified Copies: Multiple Locations
Attorney's office, trusted family member, second safe. 2-3 certified copies per document.
Digital Copies: Encrypted Cloud Storage
CarryForward or similar encrypted service. For reference and emergency access, not legal proceedings.
PCS Considerations:
- •DO NOT pack originals in HHG shipment - lost shipments happen more than you think
- •If you must pack them: Note exact box number, take photo of box label, pack in \"high-value\" items box
- •Track safe deposit box closures: Some banks require 30-day notice to close box - plan ahead
- •Update locations in tracking system: \"Box #47 in HHG shipment, departed 15 Jan 2026, tracking #ABC123\"
Free Resources for Military Families
Installation Legal Assistance Offices
Free wills, powers of attorney, healthcare directives, notarization. Available to active duty, retirees, and dependents. Call ahead for appointment - some bases have walk-in hours.
SGLI & Family SGLI
Service members Group Life Insurance up to $500K. Update beneficiaries in SGLI Online Enrollment System (SOES). Review annually - this supersedes your will for life insurance proceeds.
American Bar Association Military Pro Bono
Free legal help for service members and families. Visit Military Pro Bono Project for state-specific resources.
💡 See our Legal Resources Links page for comprehensive directory of military legal assistance, RON services, and estate planning tools.
Digital Tools to Stay Organized
CarryForward Legal Document Storage
- Encrypted storage: Bank-level AES-256 encryption for sensitive documents
- Physical location tracking: Document where originals are stored (safe deposit box, attorney, HHG box #47)
- Expiration reminders: Automatic alerts when POAs are expiring soon
- Integrity verification: SHA-256 hashing proves documents haven't been altered
- Access audit log: Track who viewed what and when
Frequently Asked Questions
Do I really need a will if I'm young with few assets?
Yes, especially if you have minor children. Without a will, the state decides who raises your kids if both parents die. Military members also have SGLI life insurance (up to $500K) that needs proper estate planning. It's free at legal assistance - use it.
Can my spouse access accounts with just a POA?
Depends. Some banks accept POAs, others don't (especially for investment accounts). Best practice: Add spouse as joint account holder or authorized user for critical accounts (checking, savings, credit cards). POA is backup for unexpected situations.
What's the difference between a will and a trust?
Wills go through probate court (6-18 months, public record, fees). Trusts avoid probate, stay private, take effect immediately if you're incapacitated. Wills are simpler and free at legal assistance. Trusts require more setup but offer better control - especially important for EFMP families with Special Needs Trusts.
Do POAs from my last duty station work at my new one?
Maybe. Some states don't accept POAs from other states. Best practice: Get new POAs at each PCS from installation legal. It's free and ensures compliance with local laws. Keep old POAs as backup but use state-specific ones for transactions.
Should I use an online service like LegalZoom for estate documents?
Not necessary for most military families. Installation legal offices provide free wills, POAs, and healthcare directives tailored to military needs. Save your money unless you have complex assets (business ownership, rental properties, large inheritance) that require specialized civilian attorney expertise.
Disclaimer:
This guide provides general information about legal documents for military families. It is not legal advice. Laws vary by state and individual circumstances differ. Consult with installation legal assistance or a licensed attorney for guidance specific to your situation. CarryForward provides document storage, not legal services.
Ready to Get Organized?
Start tracking your family's legal documents with secure, encrypted storage and automatic expiration reminders.
Upload Your First Document