E515 1. Organ and Tissue Donation and Transplantation helpful information. 2. Living Wills, By: Kenneth A. Vercammen, Esq. 3. Kenneth Vercammen was selected to the 2017 Super Lawyers list. 4. Edison Elks Community Pool Applications to be available soon 5. Recent Case: Dismissal of DV can't be used as bargaining chip in divorce case. 6. Next Community & Charity Events
NJ LAWS EMAIL NEWSLETTER E515
Kenneth Vercammen, Attorney at Law
April 4, 2017
In this issue:
1. Organ and Tissue Donation and Transplantation helpful information.
2. Living Wills, By: Kenneth A. Vercammen, Esq. 3. Kenneth Vercammen was selected to the 2017 Super Lawyers list.4. Edison Elks Community Pool Applications to be available soon
5. Recent Case: Dismissal of DV can't be used as bargaining chip in divorce case.
1. Organ and Tissue Donation and Transplantation helpful information.
When is Organ Donation Awareness Month?
National Donate Life Month is April. Every day in April, people across the U.S. make a special effort to celebrate the tremendous generosity of those who have saved lives by becoming organ, tissue, marrow, and blood donors and to encourage more Americans to follow their fine example. 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, visitwww.NJSharingNetwork.org. Also contact your attorney to have a Living Will/ Advance Directive prepared.
2. LIVING WILLS
By: Kenneth A. Vercammen, Esq.
ADVANCE DIRECTIVES/ LIVING WILLS
All States have declared that competent adults have the fundamental right in collaboration with their health care providers, to control decisions about their own health care. States recognize in their laws and public policy, the personal right of the individual patient to make voluntary, informed, choices to accept, reject or to choose among various alternative courses of medical and surgical treatment.
WHY ADVANCE DIRECTIVES/ LIVING WILLS
Modern advances in science and medicine have made possible the prolongation of the lives of many seriously ill individuals, without always offering realistic prospects for improvement or cure. For some individuals the possibility of extended life is experienced as meaningful and of benefit. For others, artificial continuation of life may seem to provide nothing medically necessary or valuable, serving only to extend suffering and draw out the dying process. States recognize the inherent dignity and value of human life and within this context recognize the fundamental right of individuals to make the necessary health care decisions to have life-prolonging medical, surgical, or procedure means provided, withheld, or withdrawn.
States acknowledge the right of competent adults to plan ahead for health care decisions through the execution of advance directives, such as living wills and durable powers of attorney, and to have their wishes respected, subject to certain limitations.
PURPOSE OF LIVING WILLS
In order to assure respect for patients' previously expressed wishes when the capacity to participate actively in decision making has been lost or impaired; to facilitate and encourage a sound decision making process in which patients, health care representatives, families, physicians, and other health care professionals are active participants; to properly consider patients' interests both in their self-determination and well-being; and to provide necessary and appropriate safeguards concerning the termination of life-sustaining treatment for incompetent patients as the law and policy of this State and the Legislatures have enacted Living Will/ Advance Directives for Health Care Acts.
REQUIREMENTS OF STATUTE
The advance directive for health care (Living Will) requires a writing executed in accordance with the requirements of the state law. It must be signed and dated in front of an attorney at law, other person authorized to administer oaths, or in the presence of two subscribing adult witnesses. If the two adult witnesses are used, they both must attest that the declarant is of sound mind and not under undue influence. A designated health care representative shall not act as a witness to the execution of the advance directive. Since this is a legal document, it must be executed properly to be valid under the statute.
HEALTH CARE REPRESENTATIVE
The declarant must designate one or more alternative health care representatives. "Health care representative" means the person designated by you under the Living Will for the purpose of making health care decisions on your behalf.
WHEN DOES THE ADVANCE DIRECTIVE BECOME OPERATIVE
An advance directive becomes operative when (1) it is transmitted to the attending physician or to the health care institution, and (2) it is determined pursuant to the Act that the patient lacks capacity to make a particular health care decision.
Treatment decisions in pursuit of an advance directive shall not be made and implemented until there has been a reasonable opportunity to establish and where appropriate confirm, a reliable diagnosis for the patient which shall include the attending physician's opinion concerning the nature, cause, extent, and probable duration of the patient's incapacity. This soon after shall be made a part of the patient's medical records. For additional information or to have a "Living Will" prepared, see your attorney. In addition, be certain your Last Will and testament is up to date.
Why should I consider writing an advance directive/ living will?
Serious injury, illness or mental incapacity may make it impossible for you to make health care decisions for yourself. In these situations, those responsible for your care will have to make decisions for you. Advance directives are legal documents which provide information about your treatment preferences to those caring for you, helping to insure that your wishes are respected even when you can't make decisions yourself A clearly written and legally prepared directive helps prevent disagreements among those close to you and alleviates some of the burdens of decision making which are often experienced by family members, friends and health care providers.
3. Kenneth Vercammen was selected to the 2017 Super Lawyers list.
The Super Lawyers list is issued by Thomson Reuters. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
Also, Kenneth Vercammen also passed the test to become one of the few Municipal Court Law Attorneys.
It is ORDERED that, pursuant to Rule 1:39-5(a), the following named attorneys, having applied to the Board on Attorney Certification and having been found qualified by the Board, are hereby authorized to designate themselves as Municipal Court Law Attorneys before the public, the bar, and the courts of this State in accordance with the Rules of this Court during their good behavior for a term of five years from the date of this Order.
Kenneth Vercammen, Middlesex
4. Edison Elks Community Pool Applications to be available soon
The Edison Elks are once again pleased to co-sponsor the Edison Community Pool, located on Old Post Road in Edison. They look forward to serving the Edison Community and surrounding areas this summer.
The Metuchen YMCA is not helping the Edison Community Pool this year. To join the pool for 2017, you need to join the Elks or Elks Auxiliary. I have enjoyed my Community Elks membership in the Edison Elks for 25 years.
The newly renovated Edison Community Pool located on Old Post Road in South Edison is surrounded by a wooded picnic area. The facility boasts a 25-yard, 4-lane pool, water slide and a kiddie pool for youngsters.
The Swim team competes against area pools.
Bathrooms with showers and a snack area with vending machines are conveniently located around the pool area. A sand-filled volleyball court, basketball courts and playground make this swim club a place for family fun.
Edison Pool Dates and Hours of Operation:
The Pool opens on weekends from Memorial Day through June 23- Hours Sat. 11am-8pm and Sun.12-8pm. The pool will be open from the summer starting June 23 through Labor Day
Thursday, Friday , Saturday, Sunday Swim lessons for children ages 4-6 and 7-8 also to be announced.
5. Dismissal of DV can't be used as bargaining chip in divorce case. J.S. v. D.S 448 NJ Super. 17 (App. Div. 2016)
Defendant appealed a domestic violence final restraining order (FRO), claiming it was void upon entry - despite the parties' settlement of matrimonial issues that included defendant's consent to the FRO - because the judge did not find an act of domestic violence had occurred. A few days before the scheduled date for oral argument in this court, the parties stipulated to a dismissal of the appeal that would allow for the perpetuation of the FRO.
Notwithstanding their agreement, the court exercised its discretion, pursuant to Rule 2:8-2, and determined that the interests of justice required a disposition of the appeal's merits; the court vacated the FRO due to the lack of a finding of domestic violence, reinstated the TRO, and remanded for a final hearing.
6. Next Community & Charity Events
April 17 NJ Bar Municipal Court Section Meeting
April 20 Happy April 20 day for Legal marijuana fans
April 22 Runapoloza Jersey Shore relay & The Asbury Park Half Marathon Wakefern Corporate Team Past Champion FB
April 24 Metuchen Library
Wills, Estate Planning & Probate Seminar
April 27 Boardwalk Seminar NJAJ AC Thurs
April 29 JSRC Lake Como 5k Romp 10am
Benefit BPOE Elks Camp Moore for Children with Special Needs & Lake Como Giving Tree