2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, September 24, 2014

E440 1. Parents with Children in College Should have a Power of Attorney Prepared so Parents can Legally Assist Their Over 18 Child. 2. Organ and Tissue Donation and Transplantation helpful information. 3. Failure by State Police to create and maintain a centralized statewide database not a violation of the 2008 Supreme Court ChunOrder. 4. Nuts & Bolts of Elder Law & Estate Administration Seminar 5. Next Charity Runs and Seminars


NJ LAWS EMAIL NEWSLETTER E440
Kenneth Vercammen, Attorney at Law

In this issue:
1. Parents with Children in College Should have a Power of Attorney Prepared so Parents can Legally Assist Their Over 18 Child.
2. Organ and Tissue Donation and Transplantation helpful information.
3. Failure by State Police to create and maintain a centralized statewide database not a violation of the 2008 Supreme Court ChunOrder. 
4. Nuts & Bolts of Elder Law & Estate Administration Seminar 
5.  Next Charity Runs and Seminars

1. Parents with Children in College Should have a Power of Attorney Prepared so Parents can Legally Assist Their Over 18 Child.
                                                                                                                     There are some good reasons to consider getting a Power of Attorney and Medical Directive for your adult "child". A prominent Monmouth County Law office wrote while you made all decisions for your child before he or she turned 18, you have no authority to take action now. In the event your child becomes ill or has a serious accident while they are away, you do not have legal right to make decisions.  We recommend a Power of Attorney, it is important to have a plan in place to deal with their health, financial, educational and legal needs.

Durable Power of Attorney to handle finances will enable you to take care of tasks for your child. This includes: registering their car; communicating with their college about issues which fall under HIPAA, such as grades and disciplinary actions; completing financial transactions at their bank, their college, etc. If your child runs in to an issue with their passport while they are at an airport or overseas, you can be assured that you have the authority to help.
                                                                                                               Living Will or Health Care Directive is important in the event of an accident or illness. You will be able to talk to medical staff and make decisions on your child's behalf, if necessary.

         While you may never need to use these documents, it is better to be safe than sorry! . Do you have a child travelling or studying abroad?  Contact your attorney today for a Power of Attorney and Living Will.

2. Organ and Tissue Donation and Transplantation helpful information.
        
   What is National Donate Life Month? Originally a weeklong observance, it was officially recognized as a month-long event in 2003.  The celebration commemorates those who have received or continue to wait for life-saving transplants and honors those who died while waiting.

    Who can be a donor? People of all ages and medical histories should consider themselves potential donors. Your medical condition at the time of death will determine what organs and tissue can be donated.   
       
      Does my religion support organ and tissue donation? Every major religion in the United States supports organ and tissue donation as one of the highest expressions of compassion and generosity.   

     Is there a cost to be an organ, eye and tissue donor? There is no cost to the donor's family or estate for donation. The donor family pays only for medical expenses before death and costs associated with funeral arrangements.
 
       Does my social and/or financial status play any part in whether or not I will receive an organ if I ever need one? No.  When you are on the transplant waiting list for a donor organ, what really counts is the severity of your illness, body size, tissue type, blood type and other important medical information.   

       Why should I register to be an organ and tissue donor? Organ and tissue transplants offer patients a new chance at healthy, productive, and normal lives and return them to their families, friends and communities.  To learn more or to register to become an organ and tissue donor, visit www.NJSharingNetwork.org. Also contact your attorney to have a Living Will/ Advance Directive prepared

3. Failure by State Police to create and maintain a centralized statewide database not a violation of the 2008 Supreme CourtChun Order. 
State v Chun 215 NJ 489 (2013)   
         
          The Supreme Court on March 17, 2008 issued it's unanimous opinion addressing the challenges raised by defendants to the scientific reliability of the Alcotest 7110 MKIII-C (the Alcotest).
    
          The defendant drivers moved for an Order in Aid of Litigants' Rights, see R. 1:10-3, contending that the State has failed to comply with this Court's March 17, 2008, Order, principally by failing to create and maintain a centralized statewide database, and asserting more specifically that the database lacks integrity because it differs from the manner in which data was previously stored on and available on CD-ROM, is incomplete as to certain types of files and calibration cycles, is presented in a format different from the one noted in the report of the Special Master, and is subject to the third-party software developer's fee,
    
          The defendants requested that the NJ Supreme Court deem the State to have violated the March 17, 2008, Order and that The Supreme Court therefore direct the State to redesign the database to comply with defendants' understanding of the meaning and intent of this Court's March 17, 2008, Order, and that the Supreme Court further direct the State to ensure the integrity of the data in the database and order other relief.
    
          The Attorney General's office responded to the factual assertions concerning the integrity and operation of the centralized statewide database raised by defendants through the affidavits of Howard J. Baum, Ph.D., Director of the Office of Forensic Sciences (OFS), a Division of the New Jersey State Police, and of Ali M. Alaouie, Ph.D., an OFS research scientist charged with oversight and monitoring of Alcotest data downloads and database integrity.
    
          The Attorney General's office moved for it's own Order in Aid of Litigant's Rights seeking to modify the Court's March 17, 2008, Order and to authorize the State to continue to utilize the Alcotest with Firmware version 3.11, which was evaluated during the proceedings that led to The Supreme Court's March 17, 2008, Opinion and Order.
    
          The Attorney General's office requested that the State be relieved of further compliance with Paragraph 2 of this Court's Order of March 17, 2008, based on the State's representation that Firmware 3.13, which is the Alcotest software that was created in conjunction with Draeger Safety Diagnostics, Inc. (Draeger), the manufacturer and supplier of the Alcotest, in compliance with Paragraph 2 of The Supreme Court's March 17, 2008, Order, would effectively render the previously created database unusable and unworkable.
    
          The Attorney General's office represented to the Court that Draeger has advised that the Alcotest will no longer be serviceable after 2016 and that the State is now in the process of evaluating alternate breath testing devices for implementation.
    
          The defendant also moved for an Order in Aid of Litigants' Rights, see R. 1:10-3, contending that, absent compliance with Paragraph 2 of the Supreme Court's March 17, 2008, Order, which directed that the specified software changes be made "forthwith", the Alcotest is unsuitable for use in New Jersey, and should not be used.
     
          The defendants challenged the reliability of the Alcotest 7110 utilizing Firmware version 3.11 both in general and in particular through reiteration of and expansion upon arguments raised during the proceedings that led to this Court's March 17, 2008, Opinion, including defendant's challenge to the Firmware's utilization of the fuel cell drift algorithm and the absence of implementation of software to account for the demonstrated physiological differences that impede the ability of women over the age of sixty to provide a sufficient breath sample and that therefore raised the specter of inappropriate charges being brought against such women for refusal, see N.J.S.A. 39:4-50.4.
     The defendants requested that the Supreme Court declare that the Alcotest is not sufficiently scientifically reliable to be utilized in any prosecution for driving under the influence of alcohol. The defendants were denied most of the relief they sought.
         
          The Supreme Court concluded that the centralized statewide database was fully in compliance with this Court's Order of March 17, 2008, in all respects.
         
          The Supreme Court concluded that defendants have failed to demonstrate that the State has "willfully refused" to comply with The Supreme Court's March 17, 2008, Order, see Pasqua v. Council, 186 N.J. 127, 141 n.2 (2006), and that the State has demonstrated that in spite of its best efforts to do so, it does not have the ability to comply with Paragraph 2 of the Order, see Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J.366, 392 (1995), because of the unanticipated but unavoidable adverse impact of compliance that the implementation of Firmware version 3.13 would have upon the continued viability of the existing database.
    
          The Supreme Court concluded that the Alcotest 7110, utilizing Firmware version 3.11, remains scientifically reliable, and generates results that are admissible to prove a per se violation of the statutory prohibitions on driving while under the influence of alcohol, when those results are utilized in strict compliance with Paragraphs 1, 3, 4, 5, 6 and the associated worksheets attached to this Court's March 17, 2008, Order.
         
          The Supreme Court concluded that although Paragraph 1(A)(3) of the Supreme Court's March 17, 2008, Order directed that certain AIR results be inadmissible in prosecutions of women over the age of sixty for violations of the refusal statute, see N.J.S.A. 39:4-50.4a, a further remedy is now necessary to protect the equal protection rights of women falling into that category.

4. Nuts & Bolts of Elder Law & Estate Administration Seminar 
        Wed, May 7  5:00 PM - 9:00 PM New Jersey Law Center One Constitution Square New Brunswick, NJ 08901  Includes a 260-page book, plus CD with 500 pages of sample forms, documents & checklists! and dinner    
Everything you need to know about elder law & estate administration including:
          
           Why Have a Will? Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics - who is the client?
          
           Powers of Attorney
Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
          
      Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool  Why it should be used; Ethics; who is the client?; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms
           Basic Tax Considerations - Jointly-held property; "I love you" Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters
  Estate Administration - New Probate Law in New Jersey - Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
Medicaid Planning in Light of Federal Medicaid Reform - Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules; probate; undue influence; competency and more
           Speakers:
KENNETH A. VERCAMMEN, ESQ. Chair, ABA Elder Law Committee Past GP Solo Section Attorney of the Year Past NJSBA Municipal Court Practitioner of the Year  Edison, NJ
WILLIAM P. ISELE, ESQ. Past NJ Ombudsman for the Elderly
MARTIN A. SPIGNER, ESQ. Law Office of Martin A. Spigner, Cranbury
ADAM DUBECK, Esq.
$160.00 General Tuition, reduced fee for NJSBA Elder and Disability Law Section and NJSBA Young Lawyers Division (Free for Superior Court Judges) Seminar #S57800S4

5.  Next Charity Runs and Seminars
April 26, 2014 Runapoloza Jersey Shore  relay and The Asbury Park Half Marathon and the Jersey Shore 5K Saturday, 8:30 Ocean Avenue, Asbury Park, NJ

4/27/14 Franklin Food Bank  62 mile & 40-mile bike 62 Mile Metric Century 7:30 AM, $45.00 40 Mile 6 Towns of Franklin

http://www.franklinfoodbank.org/events/registra_tour.htm
 4/29/14 7:00 pm JSRC Meeting Bar A Lake Como
5/3/14 Hugs for Brady 5k South Brunswick 6pm