 |
| Units > 31st FW Legal Office |
|
31st Fighter Wing Legal Office
Welcome to Aviano Air Base Legal Office
Phone: DSN 632-7843; Commercial 0434-30-7843
Are you legally prepared for deployment?
The operations tempo in USAFE is high. If you do not have your legal affairs in order, now is a good time to do so. Don't wait until the last minute. The 31st FW/JA is here to help make this a less stressful time and an easy transition as you deploy. The best way to utilize our office, visit https://aflegalassistance.law.af.mil/lass/lass.html and we'll be ready to hit the ground running!
Almost all Airmen should have a will, which allows them to direct disposition of property, name guardians for minor children, and appoint individuals to handle their estates. Many Airmen choose to have living wills and durable Powers of Attorney for Health Care, which permit them to express their desires and appoint family members to make medical decisions if they become incapacitated. Special Powers of Attorney allow Airmen to appoint agents to conduct various transactions on their behalf in their absence. Durable Special Powers of Attorney, on the other hand, remain in effect even if the member becomes incapacitated. This is distinguished from Springing Special Powers of Attorney which only become in effect upon the member's incapacitation. If you think you need any of these documents, a legal assistance attorney will advise you on your options.
Legal Office Hours
7:30 am - 4:30 pm
Legal Assistance/Wills - Walk-in Only
Mon & Wed. 3:30pm - 4:30 pm (sign-in); Fri. 9 am - 10 am (sign-in)
Notary & Power of attorney always available
Disclaimer: This website is intended to provide only broad general legal guidelines for life in Italy. If you have any questions or would like clarification regarding any information herein, please contact the legal office.
|
|
|
| |
Eligibility for Legal Assistance
The 31 FW Legal Office is here to assist you with various personal civil legal matters. Active duty military members, dependents, members entitled to retired or retainer pay and their dependents are among those are eligible for legal assistance. For further details on who is eligible please look to AFI 51-504, Legal Assistance Program.
Deployment
Our primary goal and first priority is to ensure members and their families are prepared for deployment. That means we work with you to make sure you have everything in order. This includes a will, an advance medical directive (living will or medical power of attorney), powers of attorneys and arrangements to support your family.
Powers of Attorney
A power of attorney (POA) is a written instrument that allows you (the "principal") to authorize your agent (your "attorney-in-fact") to conduct certain transactions on your behalf. It is one of the strongest legal documents that you can give to another person. Every act performed by your agent under the authority of a POA is legally binding upon you. Since a POA is such a powerful document, you should only give it to a trustworthy person, and only when absolutely necessary.
There are two types of POA - a general POA and a special (or limited) POA.
GENERAL POWERS OF ATTORNEY
A general POA gives your agent the authority to do most things you could do yourself, such as write checks and pay bills, borrow money, and sign contracts in your name. Not all institutions accept a general power of attorney; some require a POA from them specifically. You should check with the institution before getting a POA.
SPECIAL POWERS OF ATTORNEY
A special, or limited, POA authorizes your agent to do only a specific act, such as sell your car, ship your household goods, or cash your paycheck. It restricts the agent's action to a particular purpose which you have chosen. It is best to give a special power of attorney when possible.
Other Legal Assistance
We also offer other forms of legal assistance, including domestic relations assistance (divorce, child support, and custody), advice regarding the Servicemembers Civil Relief Act, personal property claims, landlord/tenant issues, and tax questions.
|
|
| |
| |
- Drugs -- Drug use is NEVER legal for active duty service members. Dependents and civilians are subject to local law.
- Political Posters - Do not disturb them.
- Fiscal Receipt Law - Italian law requires vendors to give customers a receipt; it is your responsibility to keep the receipt after it's given to you for at least 100 meters.
- Quiet Hours -- Americans should respect the Italian Quiet Hours - from 12 pm to 4 pm and 11 pm to 7 am. For example, avoid making noise with music, kids, dogs, and lawn mowers.
- Pets - Italian law is very protective of animals. Do not mistreat or abandon domestic animals.
- Contracts - DO NOT sign a contract unless you understand it. Breaking a rental lease may result in you having to pay 6 months rent. There is NO LEMON LAW in Italy. You should get the vehicle inspected prior to purchase because there is no grace period to return car.
- Drinking & Driving -- The maximum allowable BAC is .05. There are stiff penalties for driving with a BAC in excess of .05.
- Authority of the Police -- You must stop for the lollipop-shaped signal from the Carabinieri. The police officers have broad authority to search vehicles, places, and people.
- Weapons - Do not carry anything in your car that can be considered a weapon, including knives, golf clubs, or bats (unless you're going to or returning from the game). Firearms are strictly forbidden. BB guns, paintball guns, and bows and arrows are generally illegal.
- Traveling - Be sure to have a vignette for driving in certain countries, such as Austria and Slovenia, and observe the local laws and customs of the country into which you're traveling. Vignettes can be purchased at the border, the Italian Driving Club, and at the Aviano AB Community Center.
|
|
| |
| |
|
To electronically send the Aviano Legal Office your wills and Power of Attorney forms, send an email to the address below with the completed form attached. Blank forms can be found in the right column of the webpage.
The link below will direct you to the newest service offered by the Aviano Legal Office
|
|
| |
|
|
|
| |
With political campaigns in full swing, it is important to know what restrictions exist for military members as they support their candidates of choice. For military members, the relevant restrictions come from AFI 51-902, Political Activities by Members of the US Air Force, and are highlighted below.
Air Force members may:
1. Register to vote, vote, and express personal opinions on political candidates and issues, but not as representatives of the Armed Forces or Department of Defense.
2. Promote and encourage others to exercise their voting franchise if such promotion does not constitute use of their official authority or influence to interfere with the outcome of any election.
3. Join a partisan or nonpartisan political club and attend its meetings when not in uniform, but not in any official capacity nor listed as sponsors.
4. Write letters to the editor of a newspaper expressing the members' personal views concerning public issues or political candidates if such actions are not part of an organized letter-writing campaign or a solicitation of votes for or against a political party, partisan political cause, or candidate.
5. Wear a political button or t-shirt when not in uniform, performing military duties, or under circumstances that could reasonably give rise to an appearance of official endorsement.
Air Force members may not:
1. Use official authority or influence to interfere with an election, to affect its course or outcome, to solicit votes for a particular candidate or issue, or to require or solicit political contributions from others.
2. Participate in demonstrations when they are on duty, when they are in a foreign country, when they are in uniform, or when their activities constitute a breach of law.
3. Participate in partisan political management, campaigns, or conventions, or make public speeches in the course of such activity.
4. Participate in any radio, television, or other program or group discussion as an advocate of a partisan political party, candidate, or cause.
5. Solicit or otherwise engage in fund-raising activities in federal offices or facilities, including military reservations, for any partisan political party, candidate, or cause.
6. Display a large political sign, banner, or poster (as distinguished from a bumper sticker) on a private vehicle.
7. Use contemptuous words against the office holders described in Title 10, United States Code, Section 888.
|
|
| |
| |
Household Goods Claims
There are two systems under which HHG claims may be processed: Full Replacement Value (FRV) or the web-based Defense Personal Property System (DPS).
FRV is available for most shipments after Oct/Nov 2007.
The carrier must be notified (DD Form 1840) of any loss/damage at the time of delivery or within 75 days from the delivery day. The claimant can file notice of loss/damage online within 70 days from the day of delivery at https://claims.jag.af.mil/legalassistance/. The Air Force Claims Service Center (AFCSC) will forward the notice to the carrier. The legal office can help set up an account (must first login using a government computer). Deadlines are from date of delivery of goods.
Under FRV, you must file the claim (not just the notice), within 9 months to get full replacement value. Full replacement does not mean all new items. The carrier can replace, pay full value, or repair damaged items. Do not get estimates unless asked. If you file the claim beyond the 9 month time period, but before the two year statute of limitations expires, you may receive only depreciated replacement costs. The AFCSC handles FRV disputes and depreciation claims.
The DPS is a cradle to grave web-based moving system. If you began your move in DPS, you will complete your claim in that system as well. Just go to http://www.move.mil, click on "Access DPS" and look for the "Claim" tab at the top center of the page. If the claimant moved with the DPS system, file the loss/damage online within 75 days (takes the place of DD Form 1840R).
POV Claims
If your POV is damaged during your PCS, note the damage on the back of the VISF form. Damages of up to $500 can be settled at the time of pick up - you DO NOT have to accept the amount offered. Make sure Transcar signs the VISF Form, even if they disagree with the damage claim. Damage found later should be noted with a dated and signed statement to Transcar, then to the claims section ASAP. Settlement of damages of up to $1,000 is authorized.
Status of Forces Agreement -- SOFA
The SOFA is the legal agreement between the U.S. and Italy that defines our relationship while we have a base here. Under the SOFA, active duty members and their dependants are subject to Italian criminal law consequences including jail and substantial fines. Military members are still subject to the UCMJ. Dependents and civilians are subject to U.S. federal criminal law under the MEJA.
|
|
| |
| |
|
Military dependents are issued a mission visa; it does not give U.S. dependents a right to work on the Italian economy (off-base); they can only hold NSPS, NAF, or DeCA jobs on base. Dependents can apply for a work visa before arrival in Italy or can return to the U.S. and apply. If issued a work visa, the dependent will not be issued a mission visa and will be subject to taxes on the income earned on the Italian economy. Military Members CANNOT apply for a work visa, and can only work off-duty through SVS/NAF jobs. |
|
| |
|
|
|
|
|
|
Purpose of Legal Office 