E505 1. Veteran's Day 2. Veterans and Sons of Veterans should join the American Legion. 3. Reasons to sign a Power of Attorney. 4. Next community events. 5. No Search Warrant needed for some Cell Phone Records.
NJ LAWS EMAIL NEWSLETTER E505
Kenneth Vercammen, Attorney at Law
November 9, 2016
In this issue:
1. Veteran's Day
2. Veterans and Sons of Veterans should join the American Legion.
3. Reasons to sign a Power of Attorney.
4. Next community events.
5. No Search Warrant needed for some Cell Phone Records.
1. Veteran's Day- Local military veterans will be holding services and other events this week to commemorate Veterans Day. The holiday, originally called Armistice Day, was created to honor veterans of World War I. The armistice effectively ending the war was signed on Nov. 11, 1918. In 1954, Congress passed legislation setting Nov. 11 as a day to honor American veterans of all wars.
While in college I wrote my senior class project on my grandfather, Albert Louis Vercammen who fought in WWI against the German army with the Belgian Army. I wrote how he single handedly defeated the Germans to make the world safe for democracy.
Decades later, the Red Chinese stormed into North Korea in the Korean War and threatened Communism throughout Asia. The Army summoned my dad, Albert P. Vercammen, to go over and fight the invaders. He was on the Battleship New Jersey crossing the Pacific when the North Koreans and Chinese heard about the fierce Vercammen fighting spirit. The North Koreans started to retreat and wanted to surrender. The cowardly United Nations let them call it a truce. Again, the world was safe for democracy.
While in Korea, Al Vercammen was promoted to Sergeant. I recall him saying Korea was the coldest place in the world. Also, unlike the TV show MASH that had hot nurses, the ones in Korea were all ugly. The black and white photos taken in Korea my Dad has show barren hills near their Spartan tents. It looked cold. I am glad I did not have to go over there. So as Americans, we thank our dads and other vets that got the call to duty [draft] and helped turn the tide against the Communists.
My father in law, John Bachenski, served in WWII in the Army Air Corp, the forerunner of the Air Force. He helped start the sonar radar program for the Army. He successfully helped defend the air base at Boca Raton, Florida from the invading Italian navy.
2. Veterans and Sons of Veterans should join the American Legion.
To honor my dad and other veterans I recently joined the Sons of American Legion. I am now am an Member, Sons of American Legion, Edison Father & Son Post 435, which is located on 43 Oakland Ave, Edison, NJ 08817 near Plainfield Ave and Wick Plaza.
The American Legion was chartered by Congress in 1919 as an organization for wartime veterans. Membership is open only to men and women who served active duty in the US Armed Forces during specific periods designated as "war time" by the US Congress, and who have received an honorable discharge, or are still serving honorably. Eligible veterans would be able to provide a Form DD214 (or similar) to verify their eligibility. If you don't meet these requirements, you can still support the USA and Posts of the American Legion.
It's possible that you may be able to join one of the other organizations in the "Legion Family." The Sons of The American Legion (SAL) is comprised of male descendants, adopted sons and stepsons of American Legion members. (There are no age limitations.) Many posts have an active SAL program and you can contact one near you to learn more. (Visitwww.legion.org/sons for more information.)
Their sister organization is the American Legion Auxiliary. Eligibility is open to mothers, wives, daughters, sisters, granddaughters, great grand daughters, or grandmothers of members of The American Legion, or of deceased veterans who served in the United States Armed Forces during the listed war eras.
The American Legion was chartered and incorporated by Congress in 1919 as a patriotic veterans organization devoted to mutual helpfulness. It is the nation's largest wartime veterans service organization, committed to mentoring youth and sponsorship of wholesome programs in our communities, advocating patriotism and honor, promoting strong national security, and continued devotion to our fellow service members and veterans.
Hundreds of local American Legion programs and activities strengthen the nation one community at a time. American Legion Baseball is one of the nation's most successful amateur athletic programs, educating young people about the importance of sportsmanship, citizenship and fitness. The Operation Comfort Warriors program supports recovering wounded warriors and their families, providing them with "comfort items" and the kind of support that makes a hospital feel a little bit more like home. The Legion also raises millions of dollars in donations at the local, state and national levels to help veterans and their families during times of need and to provide college scholarship opportunities.
To contact the American Legion, Edison Father & Son Post 435, call 732-985-9768.
A Power of Attorney allows your spouse or another person to administer your assets during your lifetime, either upon disability or now. The lack of a properly prepared and executed Power of Attorney can cause extreme difficulties when an individual is stricken with severe illness or injury rendering him/her unable to make decisions or manage financial and medical affairs. More info at http://www.njlaws.com/power_of_attorney.html
In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your family or partner cannot pay your bills or handle your assets. The result can be lengthy delays.
The term "durable" in reference to a power of attorney means that the power remains in force for the lifetime of the principal, even if he/she becomes mentally incapacitated. A principal may cancel a power of attorney at any time for any reason. Powers granted on a power of attorney document can be very broad or very narrow in accordance with the needs of the principal.
New Jersey has detailed, expensive legal procedures, called Guardianships or conservatorships, to provide for appointment of a Guardian. These normally require lengthy, formal proceedings and are expensive in court. This means involvement of lawyers to prepare and file the necessary papers and doctors to provide medical testimony regarding the mental incapacity of the subject of the action.
The procedures also require the involvement of a temporary guardian to investigate, even intercede, in surrogate proceedings. This can be slow, costly, and very frustrating. Advance preparation of the Power of Attorney could avoid the inconvenience and expense of guardianship proceedings. This needs to be done while the principal is competent, alert and aware of the consequences of his / her decision. Once a serious problem occurs, it is usually too late.
The Power of Attorney can be effective immediately upon signing or only upon disability. People who give a Power of Attorney to someone else do it with the thought that if they should become ill or incapacitated or if they should travel, the Power of Attorney will permit the holder of it to pay their bills and to handle all of their affairs for them as limited in the Power of Attorney.
4. Upcoming Community Events.
November 13, 2016
Hashathon 6.6 Mile Cheesequake
Challenging, dangerous trails, great post race party with band,
The Last Wills, Estate Planning & Probate Seminar of the year
Metuchen Library | 7:00 PM
480 Middlesex Ave. Metuchen, NJ 08840
Manasquan Turkey 5-Mile Run
Party at taverns after race, discounted beer.
November 20, 2016
Rolling Stones Expo NYC
November 25, 2016
Born to Run 5-Mile Run
Freehold, NJ | 11:00 AM
November 26, 2016
Crazy Eddie Memorial Hash Run
Not a race, trail hash with beverage stops.
November 27, 2016
Navesink Challenge 15k & 5k
10:10 for 5k Post Race at Red Bank Elks.
5. No search warrant needed for some Cell phone records. State v. Lunsford 226 NJ 129 (2016)
As a long-standing feature of New Jersey law, telephone-billing records are entitled to protection from government access under the State Constitution. Because they reveal details of one's private affairs that are similar to what bank and credit card records disclose, these areas of information should receive the same level of constitutional protection and be available based on a showing of relevance. Direct judicial oversight of the process is required to guard against the possibility of abuse, and in order to obtain a court order requiring production of telephone billing records, the State must present specific facts to demonstrate that the records are relevant and material to an ongoing criminal investigation.
Editorial Assistance Provided by Kwame Greer-Williams. Mr. Greer-Williams is participating in Ken Vercammen's Fall Internship Program and currently a student at Felician University.
Editor's Note and Disclaimer:
All materials Copyright 2016. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.