NJ Laws Email Newsletter E375

NJ Laws Email Newsletter E375 Kenneth Vercammen, Attorney at Law August 31, 2011 Office Phone Number: (732) 572-0500 www.njlaws.com In This Issue: 1. Fly the Flag on 9/11. 2. Do I have a Case if Involved in an Accident? 3. Recovering Attorneys' Fees in Litigation Cases? 4. Free Will Seminars and Speakers Bureau 5. Next community events & races including 911 Memorial Runs. Greetings Kenneth Vercammen, 1. Fly the Flag on 9/11 GET YOUR FLAG READY! Please join us in this FLY THE FLAG campaign and PLEASE forward this Email immediately to everyone in your address book asking them to also forward it. If you forward this email to least 11 people and each of those people do the same, thousands can be reached! THE PROGRAM: On Saturday, September 11th, 2011, an American flag should be displayed outside every home, apartment, office, and store in the United States. Every individual should make it their duty to display an American flag on this seventh anniversary of one our country's worst tragedies. We do this honor of those who lost their lives on September 11, 2001, their families, friends and loved ones who continue to endure the pain, and those who today are fighting at home and abroad to preserve our cherished freedoms. In the days, weeks and months following 9/11, our country was bathed in American flags as citizens mourned the incredible losses and stood shoulder-to-shoulder against terrorism. Sadly, those flags have all but disappeared. Our patriotism pulled us through some tough times and it shouldn't take another attack to galvanize us in solidarity. Our American flag is the fabric of our country and together we can prevail over terrorism of all kinds. Action Plan: So, here's what we need you to do; 1. Forward this email to everyone you know, at least 11 people. Please don't be the one to stop this chain. Take a moment to think back to how you felt on 9/11 and let those sentiments guide you. 2. Fly an American flag of any size on 9/11. Honestly, Americans should fly the flag year-round, but if you don't, then at least make it a priority on this day. 2. Do I have a Case if involved in an Accident? People frequently contact lawyers after they have gotten hurt to ask "do I have a case?" When answering this question, lawyers consider several factors. First, a lawyer must determine whether someone was negligent. The issue of negligence is based upon whether the injured party was owed a duty of care from someone else. Any breach of that duty of care, either through reckless or careless behavior, can be considered negligence. However, the analysis does not stop there. A lawyer must then consider if the injured person is entitled to an award of damages. Damages are monetary compensation intended to address an injury that someone has sustained. Damages can be awarded to pay an injured party's medical bills, reimburse him for lost salary, fix damaged property, and account for pain and suffering. In some instances, a person may have been injured through someone's negligence, but has suffered no damages. If that happens, a lawsuit may not be advisable. Obviously, no one should make this determination on their own. Source: News from Courter, Kobert & Cohen, PC. 3. Recovering Attorneys' Fees in Litigation Cases? Many litigants are surprised to learn that they cannot recover their attorneys' fees if they win their lawsuit. The reason is quite simple - New Jersey follows the American Rule. The American Rule means that each litigant pays his own attorney regardless of who ultimately prevails. New Jersey Court Rule 4:42-9 has certain exceptions to the American Rule. It generally permits an award of attorneys' fees where such fees are allowed by statute or the Court Rules. In addition, attorneys' fees may be recovered in a contract dispute if the written agreement permits the prevailing party to recover those fees. Prospective litigants should, therefore, be mindful of the amount of money in dispute and seek to obtain an accurate estimate of the fees and costs that will be incurred during each phase of a litigated matter. As is the case with any business decision, a cost/benefit analysis should be thoroughly considered with your lawyer before proceeding into litigation and when contemplating a potential settlement. Source: News from Courter, Kobert & Cohen, PC For representation in Northwest NJ call Paris P. Eliades (973) 726-0555 Family Law Criminal Law Sparta, New Jersey 4. Free Will Seminars and Speakers Bureau The AARP Network Attorneys of the Edison/Metuchen/East Brunswick area had established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys of the Middlesex County Estate Planning Council have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. The following Seminars are now available: Details on the 2 programs currently offered: 1. WILLS & ESTATE ADMINISTRATION- PROTECT YOUR FAMILY AND MAKE PLANNING EASY 2. NEW PRIVACY LAW REQUIRES POWER OF ATTORNEY OR WRITTEN CONSENT FOR DOCTORS TO DISCUSS MEDICAL ISSUES WITH SPOUSE OR FAMILY. All instructors are licensed attorneys who have been in practice at least 17 years. All instructors are members of the American Bar Association, New Jersey State Bar Association, and Middlesex County Bar Association. All programs include free written materials. You don't have to be wealthy or near death to do some thinking about a Will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of state law. Topics discussed include: Who needs a Will?; What if you die without a Will (intestacy)?; Mechanics of a Will; Selecting an executor, trustee, and guardian; Proper Will execution; Cost of an "uncomplicated Will"; Where should Wills be kept?; "Living Will"; Powers of Attorney; $10,000 annual gift tax exclusion, Bequests to charity, Why you need a "Self-Proving" Will and Estate Administration/ Probate. Sample materials: Hand-outs on Wills, Living Wills/Medical Advance Directive, Power of Attorney, Probate and Administration of an Estate, Real Estate, Working with your Attorney, Consumers Guide to New Jersey Laws, and Senior Citizen Rights. SPEAKERS BUREAU At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the " Speakers Bureau " is a service designed to educate citizens about how laws affect their lives and how the judicial system operates. We have attorneys available to speak to business persons, educational, civic and social organizations on a wide range of topics during business hours. HELP YOUR MEMBERS LEARN THE LAW, PREVENT OR AVOID LEGAL PROBLEMS Chances are many of your members have been in a situation where they could have benefited from legal advice. Have you ever been in an accident? Has a motor vehicle or criminal complaint ever been filed against you or a member of your family? Many individuals face these and other types of problems. Often people do not protect their rights, only to later face lengthy license suspensions or even jail for failure to resolve legal problems early on. That's why Legal Rights Seminars are offered. This means your members can get advice and possibly prevent legal problems before they occur. Most importantly, they can have peace of mind. Americans need an attorney when legal problems strike. As in the case of medical services, early treatment can prevent catastrophe and its attendant cost in time and money. For example, psychological studies have demonstrated that there is a direct correlation between legal problems and lost work time and productivity. Employees' work performance often has a direct relationship to personal legal problems. Therefore, the sooner a solution can be found for the employees' problems, the sooner employees can focus on their work. In today's complex world, few people can function successfully and safely without competent legal advice. In order to insure your estate plans are legally set up, you need to know exactly where you stand so that you can avoid possibly catastrophic mistakes impacting both you and your family. For additional information on the Legal Seminars, contact our Coordinator, Kenneth Vercammen's law office at (732) 572-0500. 5. Next community events & races including 911 Memorial Runs If you are attending any of these charity races, please call or email Ken V. Often we car pool or meet at these events. 9/4/11 Jimmy D 5k New Brunswick 9am free beers 9/5 Monday Pier House 5K, Long Branch 8:30 9/5 So Plainfield 3 mile 9:15 9/10 Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30 Co-Sponsor Wakefern 9/11 911 Memorial run Belmar 6pm Belmar [not a race] To memorialize all from the Jersey Shore who were lost on September 11, 2001 Belmar, NJ. Start On the Boardwalk across from Dunkin Donuts [GPS- 1601 Ocean Avenue, Belmar] Sunday - September 11 - 6 PM This is not a Race. We start in Belmar with the reading of the first section of names from the Jersey Shore who were lost on that tragic day. We will run in Silence as a group to the September 11 Memorial in Spring Lake where more names will be read by all of the runners and flags and flowers will be placed on the memorial. We will then proceed to a memorial as a group again in silence where the rest of the names will be read. After an additional moment of silence we will return to the start. There is no charge or registration fee, no t-shirts, no clock, no bib numbers and no awards. All are Invited to Commemorate those Lost. Jersey Shore Running Club - www.jsrc.org

E374 NJ Laws Email Newsletter

NJ Laws Email Newsletter E374 Kenneth Vercammen, Attorney at Law August 18, 2011 Office Phone Number: (732) 572-0500 www.njlaws.com In This Issue: 1. Theft and Calling Mom Senile Fool Not Grounds for DV. 2. Error by Police Dispatcher in Invalid Arrest Warrant Requires Suppression of Evidence under NJ Constitution. 3. Friday, August 19 - Annual WFAN Day with Mike Francesa plus South Side Johnny and the Asbury Jukes with special guests at Bar Anticipation. Greetings Kenneth Vercammen, 1. Theft and Calling Mom Senile Fool Not Grounds for DV.E.M.B. v R.F.B. 419 NJ Super. 177 (App. Div. 2011) Plaintiff's stated reasons for seeking a final restraining order against her 56 year old son were that he had stolen her car keys, cell phone, bankbook, money and some jewelry. In addition, plaintiff testified that defendant had locked her out of the house on one occasion and called her a "senile old bitch." The trial court entered a final restraining order based upon harassment. The court reverse because theft is not one of the enumerated predicate acts under N.J.S.A. 2C:25-19 and because the evidence was insufficient to prove the thefts or other acts were committed with the requisite purpose to harass. 2. Error by Police Dispatcher in Invalid Arrest Warrant Requires Suppression of Evidence under NJ Constitution. State v. Handy 206 NJ 39 (2011) The dispatcher's conduct - advising an officer on the scene that there was an outstanding warrant when the warrant contained a differently spelled name and a different date of birth - was objectively unreasonable and violated the Fourth Amendment to the United States Constitution and Article I, Paragraph 7, of the New Jersey Constitution. Evidence uncovered during the search incident to the arrest must be suppressed. 3. Friday, August 19 - Annual WFAN Day with Mike Francesa plus South Side Johnny and the Asbury Jukes with special guests at Bar Anticipation. Starts at 1pm. Free Admission all day. Sponsored by Miller and Broadcast live on WFAN and the YES Network. 8/20 Bradley Beach 5k co-Sponsor Wakefern 8/21 McCormack 5k Bar A 9am free beer 8/28/11 CJRR Fall Classic 8:30 Cranford co-Sponsor Wakefern 8/30 JSRC meeting & BBQ Deal firehouse 7:15 9/4/11 Jimmy D 5k New Brunswick 9am free beers 9/5 Monday Pier House 5K, Long Branch8:30 9/10 Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30

E373 NJ Laws Email Newsletter

NJ Laws Email Newsletter E373 Kenneth Vercammen, Attorney at Law August 3, 2011 Office Phone Number: (732) 572-0500 www.njlaws.com In This Issue: 1. Termination of Child Support after High school Graduation and Upon Emancipation. 2. If no Exigency, no Warrantless Search even if Report of Gun. 3. Hearings Ordered to Determine Reliability of Different Thermometer Used to Test Alcotest. 4. ABA Elder Law Seminar Saturday, August 6, 2011 at 2:00pm - 3:30pm,Metro Toronto Convention Centre 5. Kenneth Vercammen nominated for ABA Delegate At- Large. The Election will be held at the ABA Annual Meeting. Greetings Kenneth Vercammen, 1. Termination of Child Support after High School Graduation and Upon Emancipation. Child support is usually paid through a wage withholding garnishment at the parent's job. Child support orders and wage withholding continue forever against you until a Superior Court Judge signs a Formal Court Order terminating or modifying support. It is not sufficient for the payor to simply wait for a child to finish school. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation. For example, the term "emancipation" is sometimes defined as follows: (i) The completion of the child's formal education on a matriculated basis, whether it be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing grades the child shall not be considered emancipated. (ii) Upon the completion of any of the aforesaid segments of the child's education, and upon the failure to commence the next segment of his education, or upon leaving school, the child shall be deemed emancipated unless failure to continue on with his education has resulted from injury or illness or some other cause beyond the child's control. (iii) The marriage of the child. (iv) Entry into the military or armed forces by the child. Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papers including a copy of the Final Judgment for Divorce, any other Child Support Orders, copy of birth certificate if available, proof of graduation from school or working full time, etc. Sometimes the child support recipient, usually the mother, will sign a Consent Order, which your attorney can file without the need for a formal Motion. However, generally a Formal written Notice of Motion must be filed in the County Superior Court where the child support Order was entered. The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates high school. Most child support Order continue child support if the child is in college full time. However, don't give up. In the unreported Appellate Division decision of Kozak v Kozak __ NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus. The judge properly determined it was appropriate to calculate child support only for the period of time the child was not residing at college. 2. If no Exigency, no Warrantless Search even if Report of Gun. State v Witczak __NJ Super. __ A-2735-10T2 The court reviewed an interlocutory order denying defendant's motion to suppress a handgun seized from his residence. The primary question presented is whether the community caretaker exception enunciated in Cady v. Dombrowskiapplied to a warrantless search in the home. Defendant contended that the motion judge erred by applying the exception, and urged the court to follow the rationale expressed in Ray v. Township of Warren,which held that the exception does not extend to searches of homes. The court declined to follow Ray and continued to apply New Jersey precedent, which permitted the exception in the home context on a case-by-case, fact-sensitive basis. The court reversed, however, because no exigencies existed for the warrantless entry into defendant's home and the State did not demonstrate that the search was performed for the legitimate purpose of fulfilling a community caretaker responsibility. 4-12-11 3. Hearings Ordered to Determine Reliability of Different Thermometer Used to Test Alcotest.State v Holland __ NJ Super. __ A-4384-09T3 In appeals from DWI convictions, the court held that Alcotest results are not per se inadmissible simply because the device has been calibrated with a Control Company temperature probe instead of the Ertco-Hart thermometer validated by the Supreme Court in State v. Chun. Because the record in these matters, however, is insufficient to support a finding that the digital thermometer used was substantially similar to the Ertco-Hart device, the court remand to the Law Division for a consolidated hearing to determine the reliability of the Control Company probe, including whether differences between the two had any impact at all on the accuracy of the ultimate results. 4-05-11 4. Elder Law, Estate Planning & Probate- New Ideas to Expand & Excel Your Practice, ABA Annual Meeting Toronto, Canada , Saturday, August 6, 2011 at 2:00pm - 3:30pm, Metro Toronto Convention Centre Learn from nationally recognized experts on using new techniques to improve service to Elder Law & Estate clients. Forms & briefs will be provided to all attendees. Speakers: Parag Patel, Esq. Iselin, NJ Chair ABA GP Tax Committee Kenneth A. Vercammen, Esq. - Chair ABA GP Elder Law Committee & co-author "Nuts & Bolts of Elder Law", Edison, NJ New Speaker: Catherine Seal Kirtland & Seal LLC Colorado Springs, CO Elder Law program Primary Sponsors: General Practice Section Co-sponsors: ABA Commission on Law & Aging, Health Law Section, YLD, Senior Lawyers Division, Real Probate & Trust Section, Tax Law Section http://kennethvercammen.com/toronto.htm 5. Kenneth Vercammen nominated for ABA Delegate At- Large. The Election will be held at the ABA Annual Meeting. 2011 Delegate-at-Large Election in Toronto Pursuant to §6.5 of the ABA Constitution, six Delegates-at-Large to the House of Delegates will be elected at the 2011 Annual Meeting for three-year terms beginning with the adjournment of that meeting Under the Constitution, no more than one nominee from a particular state, territory or possession may be elected in the annual election. Voting will take place in the registration area of the Toronto Convention Centre. The polls will be open during the same hours as registration, except that the polls will close on Monday, August 8, 2011, at 5:00 p.m. The votes will then be tallied and the six nominees with the highest number of votes (taking into account that no more than one may be elected from the same state, territory or possession) will be declared elected as Delegates-at-Large. All attendees of the Annual Meeting can vote for six candidates. Details on my ABA leadership positions and volunteer work for the General Practice Section, LPM and YLD since 1985 is set forth on my website resume:http://www.njlaws.com/resume1.htm

E371 NJ Laws Email Newsletter

NJ Laws Email Newsletter E371 Kenneth Vercammen, Attorney at Law June 29, 2011 Office Phone Number: (732) 572-0500 www.njlaws.com In This Issue: 1. You are invited to Ken Vercammen's Annual Summer Happy Hour, Friday, July 8 · 5:00pm - 7:00pm 2. Belmar 5 fun teams July 9, 2011 8:30 3. On DWI court can weigh mitigating and aggravating. 4. Defendant entitled to PCR hearing on whether they the court advised of deportation consequences. 5. Don't always put Pod on bank accounts. Avoid This Common Banking Error By Tom Begley III Greetings Kenneth Vercammen, 1. You are invited to Ken Vercammen's Annual Summer Happy Hour Friday, July 8 · 5:00pm - 7:00pm Bar Anticipation 703 16th Avenue Belmar, NJ This is the 35th Annual Vercammen Summer Blast Free Food 5-7 Hot & Cold Buffet with carving station $1.00 Drafts 6-7 [need special wrist band from Ken V] Games & prizes We will be at outside bar #1 in the back, near cabana 1, not far from outdoor band duo called the Toxic Twins, who play 5-9 Hydrate for Belmar 5 mile Race the next day - Meet the "SuperLawyers" of NJ This is open to your friends. If attending email Ken's Law Office so we can put your name on the list for wristbands:VercammenLaw@Njlaws.com - Appearances by the "Legends of Belmar" and Janet Vercammen of Ohio After Happy Hour, join us outside at Cabana #1, VIP area More details at: http://www.facebook.com/event.php?eid=206188099419852 2. Belmar 5 fun teams July 9, 2011 8:30 Kenneth Vercammen is again putting together 5 teams of both competitive and non- competitive runners. If you can finish 5 miles in less than 1 hour, you can be on our teams of fun. Our winning teams in 2010 won free beer tickets. Individual Application online at: http://www.belmar5.com/belmar.pdf or go to: http://Active.com The name of Ken's teams are US Olympic Development 1, RVRR Beer Mile Champs, and US Olympic Development 3 [ just trying to finish] and our masters, known as "The Legends of Belmar". We will have runners from several running clubs, including RVRR. JSRC, CJRR & Sandy Hooker Tri Club and Rumson Hash. You do not need to be a member of USATF or any club to be on a team. We would like 30 people of different abilities. Post Race Activities - Enjoy a complimentary massage and stop by the sponsor and merchant tables in Silver Lake Park, for sampling and giveaways. Team awards, music and Beach party, after the race at Bar Anticipation. Bring your Belmar Five Mug - mug discounts all day after the Race! Bar Anticipation - 703 16th Avenue, Lake Como (formerly South Belmar) If you have or will enter the Belmar 5, email Ken V at KenV@njlaws.com Call Kenneth Vercammen at 732-572-0500 More details on Belmar 5 at http://www.belmar5.com/ 3. On DWI court can weigh mitigating and aggravating. State v Henry ____NJ Super. ____ (Law Div. 2011) Mercer Municipal Appeal 2010-16 In determining the term of incarceration for a defendant convicted of a second DUI offense, the court held that aggravating and mitigating factors prescribed by the Criminal Code, N.J.S.A. 2C: 44-1, if appropriately tailored, provide an appropriate guide for the exercise of sentencing discretion, although the factors are not mandated. The court also held that a driver's extremely high blood-alcohol level may be considered an aggravating factor, and does not constitute impermissible double counting of an element of the offense. The court also held that a probationary sentence conditioned on a jail term is authorized by N.J.S.A. 39:5-7, so long as the court imposes at least the mandatory custodial term under N.J.S.A. 39:4-50. 2/10/2011 Source: dailybriefing@njsba-njldailybriefing.com 4. Defendant entitled to PCR hearing on whether they the court advised of deportation consequences. State v Gaitan419 NJ Super. 365 (App. Div. 2011) Defendant filed a petition for post-conviction relief, arguing his attorney failed to discuss with him the deportation consequences of his guilty plea. The trial judge denied the petition, concluding without the benefit of an evidentiary hearing that defendant's responses to the plea form as well as his testimony at the plea hearing demonstrated he understood the deportation consequences. In reversing that determination, the court also considered the impact of Padilla v. Kentucky, 559 U.S. __, 130 S. Ct. 1473, and State v. Nuñez-Valdéz,200 N.J. 129 (2009), both of which were decided after defendant pled guilty and after his PCR petition was denied. The court recognized that certain aspects of Padilla -- namely, it's holding that counsel's failure to give any deportation advice is no different than the rendering of bad deportation advice, and its holding that the direct/collateral methodology regarding deportation advice had never applied to Sixth Amendment claims of ineffectiveness -- did not create new rules insofar as the Sixth Amendment is concerned. Because defendant was entitled to the benefit of that federal rule, the argument that Nuñez-Valdéz's rejection of the direct/collateral methodology as a matter of New Jersey constitutional law constituted a new rule was irrelevant in determining whether defendant received the effective assistance of counsel when he pled guilty. These immigration cases have accounted for more than half of all new prosecution. For more information: http://www.njcrimmigration.com 5. Don't always put Pod on bank accounts. Avoid This Common Banking Error By Tom Begley III Many people make mistakes in titling bank and investment accounts. Often advisors and bankers counsel customers to "put your child's name on the account" or to set the account up as a "pay on death" (POD) account. However well-intentioned the advice, the results of either approach to titling an account can be surprising and unpleasant. Good intentions do not make good advice. The Allure of Joint and POD Accounts Often the attraction is probate avoidance. Either a joint account with survivorship features or a POD account will pass as a nonprobate asset and avoid a state-mandated probate process, which can in exceptional cases take several months to a year or longer. For joint accounts, the attraction is often convenience. Unlike a POD account, during the parent's lifetime a joint account holder has immediate co-ownership rights, and, thus, immediate access to the account. An older person may feel better knowing that a trusted son or daughter has immediate access to an account "in case something happens." The Dangers of Joint and POD Accounts If the POD or joint account payee is a child with disabilities, the result could be terrible for the child upon the parent's death because the receipt of the account could jeopardize continuing qualification for public benefits such as Medicaid or SSI. There are other compelling reasons why a joint account may not be the proper approach: The co-owner child now owns the account as much as the parent. What if the child is sued? What if the child goes through a messy divorce? Or what if the IRS takes a keen interest in the child's affairs? Those events happen to the best of children; nevertheless, in those cases the joint account will be presumed to be owned by the child. Another problem is that the co-owner/child's sibling may be out of luck. This happens all the time. For example, Mom wanted the kids to share equally, but after Mom is gone Sis suddenly recalls that Mom wanted her to have the accounts since she "was the one who always helped Mom." Because Sis was a co-owner of Mom's accounts and likely had survivorship rights, she owns the accounts now. Usually there is nothing the rest of the family can do about it, even with legal assistance. A Better Way If the goal is asset management in the event the owner becomes incapacitated, one effective approach is a properly drafted power of attorney. A power of attorney has nothing to do with appointing lawyers. The word "attorney" has its roots in an old French Norman word for "legal substitute." A power of attorney is simply a document signed by someone called the "principal" appointing an "attorney-in-fact" or "agent" to manage some or all of the principal's financial and business affairs. The terms of the power of attorney document control what the agent may, or may not, do. If the document covers a broad spectrum of duties, then it is a "general" power of attorney. An agent can be given very broad powers, but if that makes the principal nervous, the instrument can require the agent to secure some other person's permission before use. (Note: Many banks and financial institutions prefer to use their own POA forms, but a growing number of states have laws requiring the institutions to accept other, often attorney-drafted, power of attorney documents.) If the goal is to avoid probate upon death of the account owner, the better approach may be a revocable or living trust. The assets in the trust will avoid probate. In fact, a revocable trust can also assist in post-incapacity management of the person's assets because a successor trustee named in the trust agreement can step in to handle continuing management of all assets held in the trust. Moreover, in contrast to the unlimited access of a joint account co-owner who may have issues with his own creditors, the assets in the trust are protected from the trustee's creditors. Finally, all of the above considerations especially apply if the parent has a child with disabilities. There will rarely, if ever, be an appropriate time to name a child with disabilities as the co-owner of a joint account or the beneficiary of a POD account. Carefully consider using a special needs trust, either under a will, as part of a revocable trust, or created as a separate trust document, to hold that child's intended inheritance. Properly drafted, the special needs trust assets will not jeopardize the child's continuing eligibility for various public benefits. Here's the point: Do not put your children on the accounts as a joint owner. Instead, execute a power of attorney that grants appropriate sorts of powers to an agent whom you completely trust to assume the day to day responsibility for managing your financial and business affairs when and if needed. Alternatively, consider a revocable trust. In the meantime, keep the accounts in your name. The downside to the advice given here: Some fees to a lawyer. The upside: You may avoid a train wreck. About this Newsletter: We hope you find this newsletter useful and informative, but it is not the same as legal counsel. A free newsletter is ultimately worth everything it costs you; you rely on it at your own risk. Good legal advice includes a review of all of the facts of your situation, including many that may at first blush seem to you not to matter. The plan it generates is sensitive to your goals and wishes while taking into account a whole panoply of laws, rules and practices, many not published. That is what The Special Needs Alliance is all about. Contact information for a member in your state may be obtained by calling toll-free (877) 572-8472, or by visiting the Special Needs Alliance online. Editorial Assistance provided by Hetal Patel. Ms. Patel will be entering her second year of law school at New York Law School and is currently participating in our Kenneth Vercammen's summer internship program.