COMDTINST 5801.4E
representation would result in a conflict. Paragraph 13(b) provides guidance on addressing
conflicts. In cases where the conflict cannot be resolved locally, the legal assistance attorney
should contact Commandant (G-L-6) for additional guidance.
n. Powers of Attorney. Special and general powers of attorney may be prepared, notarized and
delivered.
o. Military Power of Attorney. Federal law provides special status of powers of attorney
executed by legal assistance clients. Military powers of attorney are exempt from state law
requirements as to form, substance, formality, or recording and are entitled to the same legal
effect as a power of attorney prepared and executed in accordance with local requirements.
Military powers of attorney must claim this special status; to do so, the standard preamble
contained in the DL Software Package shall be used.
p. Minor Criminal Matters. Legal assistance attorneys may provide advice in the case of minor
criminal matters such as traffic infractions. Command Directors of Legal Assistance may further
define the types of minor criminal matters for which advice will be provided. Assistance in these
matters may include activities such as correspondence, preparation of documents and advice for
pro se representation. In providing this advice special care should be taken to avoid any
possibility of conflict with potential UCMJ matters. No representation will be provided for any
State or Federal criminal proceeding (including any military criminal justice matter under the
UCMJ and cases before a Federal Magistrate's Court).
q. Notaries. Notarizations of documents may be provided in accordance with the policies outlined
in paragraph 9.e. below.
r. Decedent and Casualty Affairs. Legal assistance attorneys should develop working
relationships with local Casualty Assistance Calls Officers (CACOs) and casualty affairs staffs
and provide legal assistance as needed. Questions may be referred to G-L-6/PDES Counsel at
Coast Guard Headquarters.
s. Torts. Assistance may be provided in matters dealing with personal injury and other torts when,
in the judgment of the Command Director of Legal Assistance, it is necessary for personnel
readiness. Assistance normally should not be provided for those cases in which the likelihood of
monetary damages would facilitate the availability of civilian representation.
(1) FMCRA. In cases involving personal injury to Coast Guard personnel the requirements of
the Federal Medical Care Recovery Act (FMCRA) must be met. Commandant Instruction
6010.16 (series) directs commanding officers to ensure that "beneficiaries at their units," that
is, assigned members and their dependents who have received medical care at government
expense, complete and submit a form Report of Potential Third Party Liability, CG-4899 for
any injury for which a third party may be liable. This form provides the Coast Guard all the
information needed to begin the process of recovering the cost of medical care from the
parties responsible. It is essential to a legal assistance attorney's representation of a personal
injury client to ensure that the government lien established by the FMCRA is considered and
liquidated in the course of the representation. Early notice to the government also ensures
that the attorney will be provided all the medical records and a unified billing statement for
5
Previous Page
