E585
1. We are open for business! Although Governor’s Order Does Not permits clients from coming to our office, we are still preparing documents and working for you.
2. Questions and Answers on Advance Directive
3. Handwritten Will cannot be admitted by Surrogate to Probate
1. We are open for business! Although Governor’s Order permits clients from coming to our office, we are still preparing documents and working for you.
Recent Videos:
Estate Planning during Covid
https://www.youtube.com/watch?v=-eWko3PmA7A
Kenneth Vercammen’s continues Will preparation online without having to travel to law office and follow up consults over phone & online.
To assist potential clients and seniors we now offer document preparation remotely and consults. We are concerned about your health and well being.
https://studio.youtube.com/video/2Rwb0G8jKws/edit?utm_campaign=upgrade&utm_medium=redirect&utm_source=%2Fmy_videos
1. Can my healthcare representative make decisions for me if I am still able to make my own decisions?
Answer: No, your healthcare representative can only make decisions for you if your physician has evaluated you and determined that you are unable to understand your diagnosis, treatment options or the possible benefits and harms of the treatment options
2. Can having an advance directive affect my life insurance, health insurance or the benefits I receive from a governmental benefits program?
Answer: No.
3. Can my life insurance company, health insurance company, physician, hospital, nursing home or any other healthcare facility require me to have an advance directive?
Answer: No.
4. Does New Jersey recognize an advance directive that is valid in another state?
Answer: Yes.
5. What is the definition of "life-sustaining treatment"?
Answer: Life sustaining treatment is any medical device or procedure that increases your life expectancy by restoring or taking over a vital bodily function. The medical device or procedure can be a drug, ventilator (breathing machine), surgery, therapy or artificially provided fluids and nutrition.
6. What is the definition of “permanently unconscious"?
Answer: Permanently unconscious means you have permanently lost the ability to interact with your envir6. What is the definition of “permanently unconscious"?
Answer: Permanently unconscious means you have permanently lost the ability to interact with your environment and are completely unaware of your surroundings.
7. What is the definition of "terminal condition"?
Answer: Terminal condition means the final stage of a fatal illness, disease or condition. To be in a terminal condition you do not have to be diagnosed as having less than a certain amount of time to live (e.g., six months or less).
8. What happens if I regain the ability to make my own decisions?
Answer: In that case, your physician must obtain your consent for all treatment. Once you have the ability to make healthcare decisions your healthcare representative will no longer have the authority to make decisions for you.
9. Who should have a copy of my advance directive?
Answer: You should give a copy to your primary healthcare representative, alternate healthcare representative(s), family members and physicians. If you are treated at a hospital or enter a nursing home you should also provide a copy when you are admitted.
Source http://www.state.nj.us/health/advancedirective/ad/forums-faqs/
9. Who should have a copy of my advance directive?
Answer: You should give a copy to your primary healthcare representative, alternate healthcare representative(s), family members and physicians. If you are treated at a hospital or enter a nursing home you should also provide a copy when you are admitted.
Source http://www.state.nj.us/health/advancedirective/ad/forums-faqs/
3. Handwritten Will cannot be admitted by Surrogate to Probate
The Hunterdon Surrogate and other surrogates advise to be effective, a Will must be written, signed by the testator and witnessed by at least two people, or the signature and material provisions are in his/her handwriting.
Handwritten Wills are not recommended because these Wills, referred to as holographic wills, cannot be probated in the Surrogate's Court but must be presented to the Superior Court.
Each witness must personally witness the signing of the will. Witnesses do not have to read the will or know it's contents.
While the law permits a beneficiary to witness a will, it is recommended that a beneficiary-witness be used only when a disinterested party is not available. In this way, possible future challenges may be avoided.
NJ Statutes also allow the witnesses and testator to sign the will in the presence of a Notary Public or attorney making the will "self-proven". This relieves the witnesses from appearing in the Surrogate's Court to prove their signature at the time of probate.
More info at https://www.co.hunterdon.nj.us/depts/surrog/probate.htm
THE COVID CRISIS IS PROMPTING MANY NEW JERSEY RESIDENTS TO FINALLY TAKE CARE OF ESTATE PLANNING
The current crisis may have caused more Americans to contemplate mortality. This has reportedly prompted a large number of Americans to write or rewrite their wills with many using online will makers and services.
Other people want to start and get done quickly
Persons are increasingly more concerned about powers of attorneys, their health care surrogates, their living wills.
NJ DOES NOT ALLOW online execution of these documents
WHAT HAPPENS IF SOMEONE TRIES TO write a Will online using one of those CHEAP boilerplates?
MOST PEOPLE SCREW UP TRYING TO DO DOCUMENTS THEMSELVES.
SIMILAR TO TRYING TO DO YOUR OWN ELECTRICAL WORK.
IT’S IMPORTANT TO WORK WITH AN EXPERIENCED ATTORNEY THAT CAN QUICKLY GET DOCUMENTS DONE WITHOUT YOU HAVING TO TRAVEL TO A LAW OFFICE.
WHO KNOWS IF YOU OR A FAMILY MEMBER WILL get sick suddenly
MAKE sure your affairs are in order.
A prominent attorney noted God forbid, something happens to you. This situation has shown us anything or taught us anything, it's that none of us know what tomorrow is going to bring. But we know what today holds, so prepare your documents so that you're comfortable with them today and you can sleep tonight. If circumstances change in the future, you can always update these documents. As long as you have capacity to do so, you just have to make those choices.
Kenneth Vercammen’s Law Office new Will preparation online with follow up consults online and without having to travel to law office.
http://www.njlaws.com/health_care_surrogate.html
Book I read while under lock down
Success Principles by Jack Canfield
Power of Focus by Jack Canfield
