Law clarified for dependents of fallen U.S. service members under Portman’s bipartisan bill

Bipartisan legislation introduced by U.S. Sen. Rob Portman (R-OH) would provide more support to the adult dependents of fallen and injured U.S. military service members.

“Military dependents dealing with the death or catastrophic disability of a loved one as the result of their service should have the ability to end home and car leases without incurring financial penalties,” Sen. Portman said. “This bipartisan bill, which has veteran support, will provide much-needed relief for these families.”

Specifically, the Leasing Relief for Dependents of Fallen Heroes and Injured Servicemembers Act, S. 3854, would clarify the authority of service members who incur a catastrophic injury or illness while in military service to terminate leases of premises and motor vehicles, according to the congressional record summary.

Sen. Portman on June 1 cosponsored S. 3854 with bill sponsor U.S. Sen. Elizabeth Warren (D-MA) as the modified companion to the bipartisan Gold Star Spouses and Spouses of Injured Servicemembers Leasing Relief Expansion Act of 2019, H.R. 2227, introduced in April 2019 by U.S. Reps. Brad Wenstrup (R-OH) and Cheri Bustos (D-IL) and approved in February by the U.S. House.

“I encourage my Senate colleagues to join me in supporting this commonsense legislation,” said Sen. Portman.

If enacted, S. 3854 would allow adult dependents to terminate a car lease and a residential lease on behalf of servicemembers within one year from the date of the servicemember’s injury or illness in cases in which they lack the mental capacity to enter into a contract or to manage their own financial affairs due to their injury or illness, according to a bill summary provided by Sen. Portman’s office.

The bill also would clarify that injured or ill servicemembers themselves still may terminate such leases to preempt an adversarial situation in which the spouse or dependent had a contrary view and attempted to wrongfully overrule the service member’s wishes, the summary says.

The measure also stipulates that if a mentally incapable servicemember has neither a spouse nor an adult dependent, then a person that the servicemember previously granted power of attorney may terminate a lease, according to the summary, which notes that if none of those conditions apply, another person may be appointed by a court to terminate a lease.

The legislation is supported by the Tragedy Assistance Program for Survivors, Paralyzed Veterans of America, and The American Legion.