Legal services for EFMP families

  • Published
  • By Staff Sgt. Ty’Anna S. Marlow
  • 66th Air Base Group Office of the Staff Judge Advocate

HANSCOM AIR FORCE BASE, MASS - Do you have a loved one with disabilities and are trying to balance military service while navigating medical care, special education services, or long-term planning?

The Department of War’s Exceptional Family Member Program, or EFMP, supports families with dependents who have special medical or educational needs.

The base legal office is an important partner in that support. Legal assistance attorneys can help EFMP families understand their rights under special education laws, explore guardianship options and plan for the future with estate planning services.

EFMP is a mandatory enrollment program that helps ensure military members are not assigned to duty stations where their family members cannot access required medical or educational services.

The program has three components: EFMP-Medical, which oversees screenings and continuity of healthcare; EFMP-Assignments, which coordinates duty locations based on available resources; and EFMP-Family Support, which connects families to counseling, workshops, and community resources. Together, these elements support family well-being while enabling military members to remain mission focused.

Children with disabilities often require either an Individualized Education Plan, or IEP, or a Section 504 plan. These documents are technical but essential to ensuring a child receives appropriate educational services.

Attorneys at the legal office can help parents understand their rights and responsibilities during the IEP or 504 process. Because developing an IEP is a fact-intensive process requiring collaboration among schools, parents, and subject-matter experts, families should be informed before, during, and after meetings.  

Legal assistance attorneys cannot represent families in due process hearings but may attend IEP meetings on a case-by-case basis.  Additionally, they can provide advice and guidance so parents feel empowered to advocate for their children.

When a child with severe disabilities reaches adulthood, families may face decisions about guardianship. Guardianship is a legal relationship in which a court appoints an individual to make decisions on behalf of an incapacitated adult.

Attorneys can help families determine whether guardianship is appropriate, or whether alternatives, such as healthcare or financial powers of attorney, may better meet their needs. Because guardianship laws vary by state, base legal assistance attorneys can screen cases, explain the process, and recommend resources to ensure continuity of care and prevent gaps in legal authority.

Legal offices can also advise families on whether a special needs trust may be appropriate. These trusts allow individuals with disabilities who qualify for government benefits to receive supplemental income without jeopardizing eligibility for programs such as Medicaid, Medicare, or Supplemental Security Income.

While legal assistance attorneys may refer families to civilian specialists due to the complexities of special needs trusts, they can provide initial guidance and discuss key estate planning decisions.

Ultimately, EFMP ensures families with special needs are supported medically, educationally, and legally. The program helps reduce disruptions associated with frequent relocations, while the legal office provides guidance on education law, guardianship, and estate planning.

Together, these resources provide peace of mind to military members, allowing them to serve their country while knowing their loved ones are protected.

For more information about legal services available to EFMP families, contact your installation legal office.

Families near Hanscom Air Force Base, Massachusetts, can call 781-225-1410 to schedule an appointment with the Hanscom Legal Office.