2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, August 11, 2021

E623 Newsletter

 

E623 VercammenLaw News
1.  Court review of certain DWI convictions in Middlesex, Monmouth, Somerset, Union
2.   TRO reversed where record did not demonstrate need for protection  DMR v MKG
3.  NJ reduces penalty for Magic mushroom 
4.     Bands and concerts 2021 and outdoor events  
1.  Court review of certain DWI convictions in Middlesex, Monmouth, Somerset, Union
NOTICE TO THE BAR AND PUBLIC 
REVIEW OF DWI CONVICTIONS INVOLVING NOT PROPERLY CALIBRATED EQUIPMENT (STATE V. CASSIDY)- WEBSITE TO FACILITATE SUBMISSION OF REQUESTS TO REVIEW A DWI CONVICTION 
The Supreme Court in State v. Cassidy. 235 NJ. 482 (2018) found that in some driving while intoxicated (DWI) cases, some Alcotest machines were not properly calibrated and that the test results from those machines thus could not be used to convict a defendant of DWI. The Judiciary was notified by the Office of the Attorney General that there were thousands of DWI cases in which defendants' breath samples were procured using such improperly calibrated machines. As a result, more than 13,000 DWI convictions from between 2008 and 2016 are eligible for review, with most of those cases in four counties (Middlesex, Monmouth, Somerset, Union). 
This is to advise that the Judiciary has created a webpage to facilitate the submission of post-conviction petitions for relief by any defendant affected by the Court's Cassidy decision (https://www.njcourts.gov/courts/mcs/cassidy.html). On July 14, 2021, Superior Court Judge Robert A. Fall, serving on recall and designated by the Court as special master for the statewide management of these cases, sent a notice to those 13,000+ defendants potentially affected by the Cassidy decision. 
Initial case management conferences in those matters will begin in August. 
The Supreme Court has designated Judge Fall, along with Superior Court Judges Linda G. Baxter, Stephan C. Hansbury, and Robert B. Reed, all serving on recall, to sit as Municipal Court judges with statewide jurisdiction to resolve cases affected by Cassidy. 
Questions regarding this notice may be directed to the Municipal Court Services Division in the Administrative Office of the Courts at 609-815-2900, ext. 54850. 
     If you had a DWI and received a “Cassidy” letter and wish to hire an attorney, contact Kenneth Vercammen’s office.
2   TRO reversed where record did not demonstrate need for protection  DMR v MKG
   Defendant appealed from a final restraining order (FRO) entered against her pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, based on a predicate act of harassment, N.J.S.A. 2C:33-4(a). This court reversed because the trial court did not conduct the required legal analysis necessary to enter the FRO under Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006) and the record did not demonstrate plaintiff needed future protection. Further, our review of the record also disclosed defendant was deprived of due process due to numerous trial irregularities in the remote proceeding, including that defendant had insufficient notice and opportunity to prepare a defense in her case, plaintiff's witness was not sequestered, plaintiff testified in the witness's presence with witness coaching plaintiff, and the trial court engaged in inappropriate questioning of defendant. (A-4085-19)
3. NJ recently made Magic mushroom use or possession now only a disorderly offense, was previously a 3rd degree crime.
An Act concerning psilocybin and amending N.J.S.2C:35-10.
    2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.
    a.    It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to:……
…… or
     (5) Possession of one ounce or less of psilocybin is a disorderly persons offense.
       Previously possession of any amount of psilocybin, a Schedule I controlled dangerous substance, was a crime of the third degree. This law would reclassify possession of psilocybin as a disorderly persons offense, punishable by up only to up to six months imprisonment, a fine of up to $1,000, or both. 
4.   Bands and concerts 2021 and outdoor events  
Woodbridge HS Free   visit woodbridgeartsnj.org.                               Oldies Mondays, at Woodbridge High School
Aug. 16: Shadows of the ’60s [Motown Pier]
Aug. 23: Bobby Wilson, Jackie Wilson tribute [70’s Pier}
Aug. 30: The Infernos
https://www.njarts.net/free-events
Tribute Tuesdays, at Woodbridge High School
 Aug. 10: Beatlemania Again (The Beatles tribute)
Aug. 17: The Blue Meanies (The Monkees tribute)
Aug. 24: Forever Simon and Garfunkel (Simon & Garfunkel tribute)[Aberdeen Southern Steel]
Aug. 31: Saints in the City (Springsteen tribute) http://woodbridgeartsnj.org./tribute-tuesdays.html https://www.njarts.net/free-events/
http://woodbridgeartsnj.org./local-band-thursdays.html https://www.njarts.net/free-events
Country Sundays, at Woodbridge High School 7pm sharp
Aug. 8: Laurel Canyon, Crosby, Stills, Nash & Young tribute
Aug. 15: Pirate Flag, Kenny Chesney tribute
Aug. 29: Panama Dead, New Riders of the Purple Sage tribute
Sept. 5: The Linda Ronstadt Experience [Pocono]                     .[http://woodbridgeartsnj.org./country-sundays.html            
source also https://www.njarts.net/free-events

Long Branch THURSDAYS BY-THE-SEA Pier Village
August 12 | After the Reign Long Branch
August 26 | Jarod Clemons & The Late Nights Long Branch
September 2 | Brian Kirk & The Jirks Long Branch [Pocono]
https://piervillage.com/events/thursdays-by-the-sea/
Monday Pier Village Mondays: 6:30PM – 8:00PM
August 16 – The Priceless Band | A Tribute to Motown [Wood 60’s]
August 23 – Super TransAm | 70s [Wood Jackie Wilson]
August 30 – The Dreamland Orchestra |[Infernos Wood]
https://piervillage.com/events/live-summer-music-concert-series-2/


Freehold Thursday’s ROCK! Summer Concert Series, at Hall of Records 7:30 https://downtownfreehold.com/things-to-do/thursday-rock/
2021 Thursday’s ROCK! Summer Concert Series schedule:
August 12, 2021: Full Throttle Band
August 19, 2021: Stephen Martines [Wildwood Country]
August 26, 2021: Predator Dub Assassins

 
South Amboy/Sayreville Beach Front - O’Leary Boulevard, South Amboy, N.J.
August 18 - Green River – A tribute to Creedence Clearwater Revival 
August 25 - The Perry Brothers – Irish Favorites and more [No relation to Gaylord Perry]

2021 Keansburg Summer Concerts Schedule
  • August 13, 2021 – White Wedding Band
  • August 20, 2021 – The Kickback Band

Bayonne August 18th – Saints in the City: What can get more Jersey than this eight-piece band! Sinners and Saints performing the best of Bruce Springsteen!  Each performance will be begin promptly at 7:00pm and held at the amphitheater on the lower level of DiDomenico-16th Street Park, which is located between Avenue A and Newark Bay.
https://www.bayonnenj.org/News/View/8846/bayonne-division-of-recreation-announces-the-2021-summer-sounds-by-the-bay-concert-series
  Links to Concert locations and bands
Woodbridge
http://www.woodbridgeartsnj.org/?fbclid=IwAR3eiqvrmoTSg5mR4Da0TRkv2t_vrFoES18-vmcNrNnbApIdFfj2cB0nFTI

Donovan's Reef Tuesday night dead bands
https://www.donovansreefbeachbar.com/calendar

German club Hamilton
Friday
https://www.facebook.com/The-Biergarten-at-the-German-American-Society-of-Trenton-103937041428988/events/?ref=page_internal
https://www.facebook.com/GASocietyNJ

Dead bands NJ
http://gratefuldeadtributebands.com/showBandData.php?state=NJ

Jenks Sunday 6pm
https://www.bstreetband.com/calendar/action~month/exact_date~1622520000/request_format~html/

https://patroddy.com/shows/

https://www.facebook.com/profile.php?id=100063529271763&ref=ts&fref=ts


https://www.njarts.net/free-events/






Coopers Trenton Waterfront
https://www.coopersnj.com/events/8ehsg0abd8vyeyb6upca2fw3nsxele-fk7cl-x8ncs-8a5rb-tfylz-67hwx-tyxxg-6pjez-xf8xg-syfy8-ej7x4-4756e

https://www.facebook.com/coopersnj/events/?ref=page_internal
Moby Dicks
https://www.facebook.com/moby.d.bar/events/?notif_id=1609932618213163&notif_t=event_calendar_create&ref=notif

https://haileysharpandpub.com/event-directory/

https://seastreak.com/sandbox-at-seastreak/?fbclid=IwAR2cnctC8D5NtyeTJMkb5DWi3Bh1fodyN65rODUmmVJbbFLo_xHiZPcF3FM


Brian Kirk
https://www.jirks.com/see-us-live

http://eddietestaband.com

Carteret
https://www.carteret.net/13263-2/

The Clamdiggers
https://www.theclamdiggersnj.com/schedule

Freehold raceway mall Tuesday
https://www.freeholdracewaymall.com/Events/Details/557857

Dead cowboys
https://www.facebook.com/thedeadcowboys/?ref=page_internal

Wednesday, July 28, 2021

E622 Newsletter

E622 Newsletter Divider image 1. Ken's Wedding Groomsmen 2. Automated Process For Certain Marijuana And Hashish Cases In Accordance With The Marijuana Decriminalization Law 3. Court gives deadbeat tenants more delay time and continues to bar nonpayment evictions 4. 2021 Annual Update Wills and Estate Planning Free Workshop & Seminar Facebook Live and in person in Edison Law Office July 21, 2021 5. July 28, 2021 Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar from 12:15-1pm 6. Educational YouTube Videos 1. Ken's Wedding Groomsmen vercammen copy.gif Ken Vercammen’s wedding Anniversary The Groomsmen at wedding July 8, 1989 were: Front Row: Jim Watt, Cynthia Vercammen, Ken Vercammen, Chris Knigge Middle row: John Bachenski, Mike Sydor, Mike Brennan Back row: Jim McGreevey [was NJ Governor], Steve Vercammen 2. Automated Process For Certain Marijuana And Hashish Cases In Accordance With The Marijuana Decriminalization Law The Supreme Court by the order dated July 1, 2021 provides for the dismissal, vacating, and expungement of certain marijuana and hashish cases involving offenses enumerated in the Marijuana Decriminalization Law, L. 2021, c. 19 (codified in relevant part at N.J.S.A. 2C:35-23.1 and N.J.S.A. 2C:52-6. l). Approximately 360,000 cases in the Superior Court (Criminal and Family) and in the Municipal Courts potentially fall within this statutory direction. The Court's Order sets out in detail the statutory criteria for determining those cases to which the automated processes apply. Technological modifications are being made to a number of the Judiciary's case management systems to enable implementation of the automated processes for these eligible cases as expeditiously as possible. The Court's order also provides for a process for handling cases not captured by the automated processes via a motion to dismiss or vacate (depending on the status of the case) brought to the court (Superior Court or Municipal Court) that had jurisdiction over the case, or by individual expungement petition to the Superior Court. A process to address inquiries from individuals as to whether their particular case has been expunged pursuant to the provisions of the Order and to receive a certification of such expungement is currently being developed. This process for expungement inquiry and certification will be announced to the public upon completion of the automated processes set forth in the Order. Dated: July 1, 2021 ORDER SUPREME COURT OF NEW JERSEY The Marijuana Decriminalization Law, L. 2021, c. 19, codified in relevant part at N.J.S.A. 2C:35-23.l and N.J.S.A. 2C:52-6.l, provides for the dismissal, vacating, and expungement of certain marijuana and hashish cases involving specified offenses as defined in that legislation. The Administrative Office of the Courts has determined that approximately 360,000 cases in the Superior Court (Criminal and Family) and the Municipal Courts potentially fall within that statutory direction. In accordance with N.J.S.A. 2C:35-23.l(a), the automated processes set forth in this Order apply only to cases involving the following specific marijuana or hashish offenses, including attempts or conspiracies to commit these specific offenses: N.J.S.A. 2C:35-5(b){l2) - Distribution of less than one ounce of marijuana or less than 5 grams of hashish (fourth degree); N.J.S.A. 2C:35-10(a)(3) - Possession of more than 50 grams of marijuana or more than 5 grams of hashish (fourth degree); N.J.S.A. 2C:35-10(a)(4)- Possession of50 grams or less of marijuana or 5 grams or less of hashish (disorderly persons offense). The above specific offenses are eligible for the actions directed by the new statute whether they exist in the case alone, in combination, or in combination with one or more of the offenses listed in the following paragraph, including attempts or conspiracies to commit these related offenses. The below specific offenses, including attempts or conspiracies to commit these related offenses, must be in combination with at least one of the above-listed offenses involving marijuana or hashish for the offense to be eligible for the automated processes set forth in this Order. N.J.S.A. 2C:36-2 - Possession of Drug Paraphernalia (disorderly persons offense); N.J.S.A. 2C:35-10(b)- Use or Being Under Influence of Controlled, Dangerous Substance (disorderly persons offense); N.J.S.A. 2C:35-10(c)- Failure to Make Lawful Disposition of Controlled, Dangerous Substance (disorderly persons offense); N.J.S.A. 39:4-49.1 - Operating Motor Vehicle in Possession of Controlled, Dangerous Substance (traffic offense). For administrative efficiency, those eligible cases have been grouped into the following four categories by the particular stage of the case: (1) cases that are pending adjudication; (2) cases that have been adjudicated but are pending sentencing (adult) or pending disposition Juvenile); (3) select cases after sentencing (adult) or after disposition Juvenile); and (4) other cases that have been disposed (as defined below). Accordingly, effective immediately, it is ORDERED as to those four categories of cases as follows: (l) Cases Pending Adjudication For cases in which adjudication is pending and where only the specific offense(s) remain active as of the date of this order, including cases in which the defendant is currently subject to a conditional discharge program: (a) such cases shall be dismissed pursuant to N.J.S.A. 2C:35-23.l(a); (b) such cases shall be expunged pursuant to N.J.S.A. 2C:52-6(a) (excluding N.J.S.A. 39:4-49.1, which is not eligible for expungement pursuant to N.J.S.A. 2C:52-28); (c) any associated active warrants for failure to appear shall be rescinded; (d) any associated violations of probation or violations of pretrial monitoring shall be vacated; and (e) any associated court-ordered driver's license suspensions or revocations for failure to appear shall be rescinded. Any rescission of a court-ordered driver's license suspension or revocation pursuant to this order is separate from any license restoration fee or process required by the New Jersey Motor Vehicle Commission. (2) Cases That Have Been Adjudicated but are Pending Sentencing (Adult) or Disposition (Juvenile) For cases that are pending sentencing or disposition, and that have been adjudicated through entry of a guilty plea, adjudication of delinquency, guilty verdict, disposition, or admission into pretrial intervention (PTI), veterans' diversion program, or juvenile diversion program: (a) any guilty verdict, adjudication of delinquency, plea, placement in an enumerated diversionary program, or other entry of guilt shall be vacated pursuant to N.J.S.A. 2C:35-23.l(b)(l); (b) any guilty verdict, adjudication of delinquency, plea, placement in an enumerated diversionary program, or other entry of guilty shall then be dismissed pursuant to N.J.S.A. 2C:35-23.l(a); (c) such cases shall be expunged pursuant to N.J.S.A. 2C:52-6(a) (excluding N.J.S.A. 39:4-49.1, which is not eligible for expungement pursuant to N.J.S.A. 2C:52-28); (d) any associated active warrants for failure to appear shall be rescinded; (e) any associated violations of pretrial monitoring shall be vacated; and (f) any associated court-ordered driver's license suspensions or revocations for failure to appear shall be rescinded. Any rescission of a court-ordered driver's license suspension or revocation pursuant to this order is separate from any license restoration fee or process required by the New Jersey Motor Vehicle Commission... 3. Court gives deadbeat tenants more delay time and continues to bar nonpayment evictions LANDLORD TENANT - INTERIM PROCESS FOR MANDATORY SETTLEMENT CONFERENCES NOTICE TO THE BAR AND PUBLIC The Supreme Court has authorized mandatory settlement conferences in residential landlord tenant matters. This interim step is effective immediately pending further Court action on the Report and Recommendations of the Judiciary Special Committee on Landlord Tenant ("Special Committee"). All vicinages will schedule mandatory settlement conferences for pending landlord tenant cases. As set forth in the Court's July 1, 2021 Order, priority will be given to the nearly 14,000 landlord tenant cases that have been pending for more than one year or in which more than 12 months of rent is claimed to be due. Residential evictions remain suspended pursuant to the Governor's Executive Order 106 as continued by legislation. The Court's authorization of mandatory settlement conferences does not affect commercial landlord tenant proceedings, which have resumed pursuant to the Court' s June 2, 2021 Order. 4. 2021 Annual Update Wills and Estate Planning Free Workshop & Seminar Facebook Live and in person in Edison Law Office July 21, 2021 July 21, 2021 at 12:15-1:00 PM Program can be watched on your computer or iPhone via Facebook live https://www.facebook.com/events/733350550888872 Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817 The “In office” program is limited to 9 people. Please bring a canned food donation. COST: Free for in person if you pre-register by email. Complimentary materials provided at 12:00 sharp. Please bring a canned food donation, which will be given to the St. Matthews’s St. Vincent DePaul Food Bank. New Main Topics: 1. Handling Probate during Covid and while Government offices closed 2. Dangers If You Have No Will or documents invalid 3. Getting your Estate Planning Documents done when you can’t go into a law office 4. What goes into a Will 5. Power of Attorneys recommendations 6. Living Will & Advance Directive for Medical Care 7. Administering the Estate/Probate /Surrogate 8. Avoiding unnecessary expenses and saving your family money Please email us if you plan on attending or if you would like us to email the materials. SPEAKER: Kenneth Vercammen, Esq. (Author- ABA Wills and Estate Administration) 5. July 28, 2021 Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar from 12:15-1pm Location: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817 New Expungement Law took effect 2020, revised again 2021 COST: Free if you pre-register. Complimentary materials provided. This program is limited to 15 people. Please bring a canned food donation, which will be given to the St. Matthews Food Bank. Please email us if you plan on attending or if you would like us to email the materials. Attorneys- If space exists you can attend if you want to learn more about expungements. SPEAKER: Kenneth Vercammen, Esq. (Author- Criminal Law Forms by the American Bar Association) The NJ statute on expungement was revised. Nothing is automatically erased yet. If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed if not expunged. Under NJ Law past criminal arrests and convictions can be expunged/ erased under certain instances. This program will discuss the expungement process. I served as a Municipal Prosecutor and was amazed how minor criminal guilty pleas and even dismissed charges can affect someone’s ability to get a job or advance a career. Do you have children or someone you know or work with that needs an expungement? To attend email VercammenLaw@Njlaws.com https://www.facebook.com/events/2310189209117175 6. Educational YouTube Videos May an officer initiate or continue a pedestrian stop of an individual based on the officer detecting the odor of Marijuana? https://www.youtube.com/watch?v=_a_87XjzQZE Mere report of black males robbing 7/11 not sufficient to stop car with black males in it State v Nyema https://www.youtube.com/watch?v=9zxLxRHGeuc NJ Marijuanna decriminalization https://www.youtube.com/watch?v=J7VjpqDpyvs 1 photo use for FB_ YT.jpg Thank you for reading and sharing our Newsletter. Friends and clients can help us by.... Helping us with a review on Google: https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 Liking us on Facebook: https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/reviews/ Help us with a review on Avvo: https://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html Help us with a review on Yelp: https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison

Thursday, July 22, 2021

E609 Newsletter

 

E609 News
1. Spring Wills seminars online Zoom 2021
2. Why periodic review and changes to Wills are recommended
3. 2020 Federal Estate Tax Rates
4. Sign a new Power of Attorney- Do not use a form purchased online
5. Have a new Living Will prepared to comply with the Federal Health Privacy Law (HIPAA)
6. Free Will Seminars and Speakers for Seniors and community groups
7. How to Prepare Letters of Instruction To Family and Executor Regarding Funeral Arrangements, and Post-Death Procedures [Form is at the end]

1. Spring Wills seminars online Zoom 2021
   March 1, 2021 Piscataway Library Wills & Power of Attorney Seminar 
at 6pm free Zoom program open to the public 732-463-1633 x6
Link for free registration:
https://docs.google.com/forms/d/e/1FAIpQLScqUaEv63xNrVHFbmGHjkEoIuklLGkYqBwr0U384LzryU3e6Q/viewform
more info:
https://piscatawaylibrary.org
 
     March 2, 2021 East Brunswick Library Wills, Probate & Estate Planning 2021 update at 7PM
via Zoom 732-390-6781 Att: Melissa Hozik
https://www.ebpl.org/main/polCalendarEvent.cfm?Event_Date={d%20%272021-03-02%27}&Calendar_Code=&Event_Id=96692
https://www.facebook.com/events/3695020237225185
 
    March 9 Woodbridge Library
732-634-4450 ext.7117
This is where participants can register-- http://woodbridgelibrary.evanced.info/signup/EventDetails?EventId=11154&backTo=Calendar&startDate=2021/03/01
More info https://www.facebook.com/events/271486024411893
 
   March 15, 2021 Sayreville Public Library Will & Power of Attorney Seminar via Zoom at 6pm Registration at sayrevillelibrary.org
http://engagedpatrons.org/EventsExtended.cfm?SiteID=1717&EventID=426879&PK=
 Info call 732.727.0212 Sayreville Public Library "Aziza Haque (Sayreville)" ahaque@lmxac.org (732) 553-0776
More info https://www.facebook.com/events/221513036176699
April 20, 2021 South Plainfield Public Library
Wills, Estate Planning & Probate Seminar at 6:00pm
2. Why periodic review and changes to Wills are recommended
Even if you have an existing Will, there are many events that occur which may necessitate changes in your Will. Some of these are:
-Death or incapacity of a beneficiary,
-Death, incapacity or change in residence of a named executor, trustee or guardian of infants
      -Bankruptcy or pending divorce of a child or grandchild
      - Substance abuse or spending problems of a beneficiary
      -Significant changes in the value of your total assets or in any particular assets, which you own 
      -A change in your domicile
      -Annual changes in tax law
      - Changes in who you like and who care about you
   A Will may be modified, added to, or entirely changed at any time before your death provided you are mentally and physically competent and desire to change your Will. You should consider revising your Will whenever there are changes in the size of your estate. For example, when your children are young, you may think it best to have a trust for them so they do not come into absolute ownership of property until they are mature. Beware; if you draw lines through items, erase or write over, or add notations to the original Will, it can be destroyed as a legal document. Either a new Will should be legally prepared or a codicil signed to legally change portions of the Will.
 3. 2020 Federal Estate Tax Rates
   For 2020, the basic exclusion amount will go up to a new total of $11.58 million. So for you millionaires out there, you will be taxed on estates over $11.58 million. New Jersey has temporarily stopped the NJ Estate Tax. However, it is unclear if the governor’s pledge to increase taxes on the rich will be approved
4. Sign a new Power of Attorney- Do not use a form purchased online
 A Power of Attorney should always contain reference to the NJ statute requiring banks to honor the Power of Attorney. Section 2 of P.L. 1991, c. 95 (c. 46:2B-11). A NJ bank or brokerage company does not have honor a Power of Attorney without the NJ language. Also, if you or your representative move it is a good idea to have a new POA prepared since a bank may give your selected person a hard time if the address on their ID is different than the address on the POA.  
     A Power of Attorney is a written document in which a competent adult individual (the "principal") appoints another competent adult individual (the "attorney-in-fact") to act on the principal's behalf. You usually select a spouse, child or family member. In general, an attorney-in-fact may perform any legal function or task, which the principal has a legal right to do for him/herself. You may wish to sign a Power of Attorney giving your spouse, children or partner the power to handle your affairs if you become ill or disabled. In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your spouse, family or partner cannot pay your bills or handle your assets. The result can be lengthy and expensive delays. Have a current Power of Attorney prepared. Avoid having to spend $4,000 on a lengthy guardianship.
5. Have a new Living Will prepared to comply with the Federal Health Privacy Law (HIPAA)
  The federal regulation known as the Health Insurance Portability and Accountability Act (HIPAA) was adopted regarding disclosure of individually identifiable health information. This necessitated the addition of a special release and consent authority to all healthcare providers before medical information will be released to agents and interested persons of the patients.     
    Any old Powers of Attorney, Living Wills, Revocable Living Trusts, and certainly all Medical Directives now require HIPAA amendments. After you sign the Living Will in your attorney’s office, provide a copy to your doctor and family.
    Powers of Attorneys and Living Wills should be updated to reference this Federal reg.
A Living Will is your written expression of how you want to be treated in certain medical conditions. Depending on state law, this document may permit you to express whether or not you wish to be given life-sustaining treatments in the event you are terminally ill or injured, to decide in advance whether you wish to be provided food and water via intravenous devices ("tube feeding"), and to give other medical directions that impact the end of life. "Life-sustaining treatment" means the use of available medical machinery and techniques, such as heart-lung machines, ventilators, and other medical equipment and techniques that will sustain and possibly extend your life, but which will not by themselves cure your condition. In addition to terminal illness or injury situations, most states permit you to express your preferences as to treatment using life-sustaining equipment and/or tube feeding for medical conditions that leave you permanently unconscious and without detectable brain activity.
  Example:
A. Fluids and Nutrition
I request that artificially provided fluids and nutrition, such as by feeding tube or intravenous infusion (initial one, not both)
 
1. ______ shall be withheld or withdrawn as "Life Sustaining Treatment."
                                                     
2. ______ shall be provided to the extent medically appropriate even if other "Life Sustaining Treatment" is withheld or withdrawn.
 
B. Directive as to Medical Treatment.
    I request that "Life Sustaining Treatment" be withheld or withdrawn from me in each of the following circumstances: (Initial all that apply. Most people initial 1-4, all of them)
 
1. ______ If the "life sustaining treatment" is experimental and not a proven therapy, or is likely to be ineffective or futile in prolonging my life, or is likely to merely prolong an imminent dying process;
2. ______ If I am permanently unconscious (total and irreversible loss of consciousness and capacity for interaction with the environment);
3. ______ If I am in a terminal condition (terminal stage of an irreversibly fatal illness, disease, or condition); or
4. ______ If I have a serious irreversible illness or condition, and the likely risks and burdens associated with the medical intervention to be withheld or withdrawn outweigh the likely benefits to me from such intervention.
                        ______ None of the above. I direct that all medically appropriate measures be provided to sustain my life, regardless of my physical or mental condition. I want to be kept alive for as long as possible.
 
    ___ None of the above. I direct that all medically appropriate measures be provided to sustain my life, regardless of my physical or mental condition. [This means you want to be kept alive with tubes]
If you or anyone you know needs an updated Will, Power of Attorney or Living Will, please have them fill out our confidential interview from and schedule a consult. Call the Law Office of Kenneth Vercammen at 732-572-0500 to schedule an in-office consultation.
Kenneth Vercammen & Associates
Attorney at Law
2053 Woodbridge Ave
Edison, NJ 08817
6. Free Will Seminars and Speakers for Seniors and community groups
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 Will and Estate Planning Seminars to hundreds of seniors, library patrons, clubs, business owners and their employees, unions, and non-profit groups. These quality daytime educational programs will educate and even entertain. Libraries, senior centers, organizations and groups are invited to schedule a free Will Seminar. Please call Kenneth Vercammen Law Office at (732) 572-0500, email VercammenLaw@njlaws.com
7.  How to Prepare Letters of Instruction To Family and Executor Regarding Funeral Arrangements, and Post-Death Procedures [Form is at the end]
Compiled by Kenneth A. Vercammen, Esq. from various sources
 
      We highly recommend all adults have a current Will, a Power of Attorney and a Living Will. In addition, individuals are encouraged to plan ahead and write messages to their family and executor detailing their specific desires regarding funeral and burial. Written instructions to your family and executor containing information and guidance will minimize uncertainty, confusion, and possible oversights following your death. The information you furnish should ease the settlement of your estate and provide for an orderly winding-up of your affairs. You need to share what you know with those who (often suddenly and without warning) must step into your shoes and carry out your final needs. More info at http://www.njlaws.com/letters_of_instruction.html