PCS Legal Checklist - What the Legal Assistance Office can provide you

by Capt. Diane Petit-Bois

Permanent Change of Station is a major event in any service member’s life and it is easy to overlook the legal side of the move.  Ignoring small legal tasks can lead to bigger complications down the road.  Fortunately, military installations provide Legal Assistance Offices that offer free support to help keep things in order. 

When PCS’ing, the following four legal tips can help protect your time, finances, and family as you transition.

1.  Power of Attorney.  A Power of Attorney is a legal document that authorizes someone else to act on your behalf.  During PCS, this can be especially useful when you are unavailable to sign documents or manage personal matters. 

There are two types of POA.  A General POA grants broad authority, which allows the designated individual to handle virtually any legal or financial matter.  Despite its convenience, it can also be risky if not given to someone you trust completely.  On the other hand, a special POA limits that authority to specific tasks, such as moving household goods or registering your vehicle while you’re en route to your next assignment.  Special POAs are generally safer and more practical for PCS scenarios.  Military legal offices can prepare and notarize these documents for you.  

2.  Notarization.  Many legal documents require notarization to be considered valid, especially those involving leases, POAs, financial agreements, vehicle forms and certain medical forms.  A notarized document helps prevent disputes by verifying that the signer’s identity has been confirmed and the signature was given willingly.  If you are in the middle of a PCS, notarization ensures your paperwork holds up whether you’re dealing with a landlord, a financial institution, or a medical provider.  Military installations typically offer this service through the Legal Assistance Office, which saves you from having to locate a civilian notary during your transition period. 

3.  Lease Termination and Tenant Rights.  Service members who rent their housing or live in an apartment have legal protections that allow them to terminate their lease early when PCS, ETS, or deployment orders are issued.  The Servicemembers Civil Relief Act is a federal law that provides these rights.  If you need to break a lease due to relocation, you must provide written notice to your landlord and attach a copy of your PCS orders.  Once delivered, the lease will officially terminate 30 days after the next rent payment is due.  This law applies not just to residential leases but also to vehicle leases, ensuring broader coverage for service members.  It’s important to be aware of this.  If you have any issues terminating your lease, you can receive assistance at the Legal Assistance Office.

4.  Wills and Estate Planning.  Estate planning may not seem urgent, but PCS is a great time to take care of it especially if your life circumstances have changed due to marriage, divorce, children, or significant financial decisions.  A will helps you dictate how your assets will be distributed and who will serve as guardian for your children.  In addition to a will, it is smart to prepare an Advance Medical Directive that outlines your medical preferences in the event of incapacity, and a Durable Power of Attorney for Health Care, which designates someone to make medical decisions on your behalf.  

These legal documents ensure that your wishes are respected, and your family avoids unnecessary legal conflict.  Military Legal Assistance Offices provide these services and can assist with drafting or updating these important materials before you leave your current station. 

Beyond the major documents, there are smaller tasks that still carry significant weight during PCS.  These include updating beneficiary information for programs like the Servicemembers’ Group Life Insurance and Thrift Savings Plan, resolving any outstanding contracts or financial disputes, and ensuring any state-specific legal documents are current.  Reviewing these items early helps your transition and prevents surprises when you arrive at your new duty station. 

Legal readiness is not just about protecting yourself.  It allows you to stay focused on your mission by knowing that your personal matters are in order. 

The Fort Bliss Legal Assistance Office provides POAs and notarizations on a walk-in basis.  To schedule an appointment to speak with an attorney in the LAO, please email:  usarmy.bliss.hqda-otjag.mesg.bliss-legal-assistance-office@army.mil anytime or call (915) 568-7141 during business hours.