Deployment Toolkit
Legal Matters
Power of Attorney
You and your spouse/partner may wish to consider a Power of Attorney which is a legal document authorising you to act on behalf of your spouse/partner in some circumstances. In England and Wales, the most common types are Ordinary or Enduring Power of Attorney which can be drawn up by a solicitor and may be revoked on your spouse's/partner's return.
A fact sheet providing Service Personnel and their families with the facts of Ordinary, Enduring and Lasting Powers of Attorney can be found at:
Website: http://www.mod.uk/DefenceInternet/DefenceFor/ServiceCommunity/SftfPowersOfAttorney.htm
The fact sheet will be replaced in Oct 07 when the ability to take out an Enduring Power of Attorney (EPA) ceases, though existing EPA will still be able to be registered.
Parental Responsibility
Those unmarried fathers remaining behind who are either step-parents or partners with responsibility for children (if they haven't registered as the father on the birth certificate of the child, however, this only applies to children born after 1 Dec 03) should consider getting parental responsibility which provides formal legal recognition of their status when dealing with authorities over children issues such as schooling and health matters.
Housing
If renting a property and the tenancy is in the name of the deploying person, ensure that this will not cause any difficulties with the landlord prior to the deployment. Those who own property registered only in the name of the deploying person, may wish to seek legal advice to ensure that there will no complications whilst the owner of the property is deployed. All Regular and Reserve personnel who own or rent a private property remain liable to pay council tax on their own property to the local authority whilst absent from that property, as this normally remains their sole or main residence. Council tax and concessions are a matter for local authorities, and you should seek guidance from your local authority.
Private Fostering
If during the deployment any children (under the age of 16 - or 18 if disabled) are to be left in the care of someone who is not a close relative for periods of over 28 days there are legal requirements to notify the local authorities to ensure the child receives the best possible care. Your local SSAFA FH worker or Local Authority Children Services department will be able to provide you with more advice. This is important as time limits are set down - often up to 6 weeks before leaving the child. Also, it should be noted that the relevant local authority is the one where the child will be housed, not where they normally reside, if the two locations are different.
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