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April 5, 2012 • TRAVELLER • 23
It’s the Law From the Office of the Staff Judge Advocate
Whether or Not to File a General Durable Power of Attorney by Kevin P. Fritz Legal Assistance Attorney, Office of the Staff Judge Advocate
We are often asked by clients in the Legal Assistance Office whether we think it is a good idea to file a general durable power of attorney in the county (or city) court clerk’s office. Although it is generally permitted in most jurisdictions for you to file your general durable power of attorney and other documents such as the DD 214, Certificate of Release or Discharge from Active Duty, at the clerk’s office, the better question to ask is whether you should file these documents. When such documents are publically filed and not under seal, anyone can then look at the public record to determine whether you have that particular document on file and read its contents. If you do file a general durable power of attorney in the clerk’s office, your agent, the person who is acting on your behalf under the power of attorney, can then refer people to the clerk’s office to verify that they have the power to act on your behalf. It is convenient. However, an unscrupulous person may find your publicly filed general durable power of attorney and then attempt to perform identity theft by assuming your agent’s identity and using that information to purchase goods or services in your name, attempting to leave you with the bill. Since the transaction is meant to be without your participation for some time, it provides the identity thief plenty of time to run before the deception is uncovered. You’ll usually find out about this after you receive a bill from someone you’ve never done business with. You’ll then dispute the bill and discover the fraud perpetrated upon you and this person who is billing you. That will lead you to file a police report, file an affidavit of fraud, seek to clear your name with the other person who was defrauded and clean up your credit rating. The better plan is to just provide your agent access to the original general durable power of attorney and let them produce it in all transactions you need for them to perform for you. For additional assistance with legal matters, make an appointment with an attorney at the Legal Assistance Office by calling (804) 765-1500.
CONTRIBUTED PHOTO
Girl Scout Guest Speaker First Lt. Renea M. Jones-Hudson poses for pictures with members of Daisy and Brownie Girl Scout Troop 247 of Midlothian March 17. The Charlie Company, 262nd Quartermaster Battalion, 23rd QM Brigade, Soldier spoke to the girls about integrity and respect for authority during the troop’s tour of the U.S. Army Women’s Museum here.
Commissaries Achieve Reusable Bag Milestone
CONTRIBUTED PHOTO
A Grateful Nation Col. Bobby L. Claiborne accepts the U.S. flag from Brig. Gen. Gwen Bingham, Quartermaster General, during his retirement ceremony March 29 at the Lee Club. Claiborne, senior advisor to the commanding general,concluded a 30-year career.
Commissary customers not only “save green” by cutting their average grocery bill an average of 32 percent or more – they also “think green” by using reusable shopping bags, to the tune of 5 million sold since fiscal 2006. Sales topped the 5-million milestone at the end of January, according to agency research analysts, accounting for the assortment of environmentally friendly bags now sold. “We’re so proud of how our patrons embraced this green initiative over the years,” said Defense Commissary Agency Director and CEO Joseph H. Jeu. “Now, it’s second nature to bring along reusable shopping bags or perhaps buy a few more on the spot.” At around a buck for a standard mesh bag, DeCA helps make “going green” budget friendly. They were introduced in 2007 and can handle up to 30 pounds of groceries, are washable and can be recycled when no longer usable. The bags can be found near the commissary checkouts. “Reusing bags saves the commissary money, which helps preserve the benefit by keeping operating costs down – costs paid with taxpayer dollars,” Jeu said. In addition to the reusable bags sold at commissaries, shoppers can bring their own reusable bags or bring sturdy paper or plastic bags for reuse in bagging groceries, notifying the bagger at checkout. All bags must be clean and undamaged. – DeCA Public Affairs