Newsletter April 5, 2020
E5841. I was wondering what gives the Governor authority to do anything without Senate approval.
I researched What gives the Governor the power to close stores, gyms, bars, VFW, Elks club, cancel weddings, running events, etc and impose restrictions in Executive Order 103. Well, he does have the power in an emergency.
Here are some of the statutes that were invoked:
Disaster Control ActApp.A:9-33 .
2. Sign a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE nown signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.
You will provide instructions concerning your health care preferences and wishes to your health care representative and others who will be entrusted with responsibility for your care, such as your physician, family members and friends.
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 law and public policy, the personal right of the individual patient to make voluntary, informed choices to accept, to reject or to choose among alternative courses of medical and surgical treatment.
WHY LIVING WILLS AND ADVANCE DIRECTIVE
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 prolongation of life may seem to provide nothing medically necessary or beneficial, serving only to extend suffering and prolong 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to make health care decisions to have life-prolonging medical or surgical means or procedures provided, withheld, or withdrawn.
States recognize 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 AND ADVANCE DIRECTIVE
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 self-determination and in well-being; and to provide necessary and appropriate safeguards concerning the termination of life-sustaining treatment for incompetent patients as the law and public policy of this State, the Legislatures have enacted Living Will/ Advance Directives for Health Care Acts. Source ABA's book "Wills and Estate Administration"
ADVANCE DIRECTIVE1. 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?
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?
4. Does New Jersey recognize an advance directive that is valid in another state?
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 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.
EMAIL Kenneth Vercammen if you want us to prepare your documents.
3. When Municipal courts re open, Municipal Court Defense by Certification Rule 7:12-3 relaxed and increases ability for attorney to appear on your behalf without you going to court. Rule Relaxed to Remove Undue Hardship Requirement, effective March 16, 2020 without you going to court
Defense by Affidavit or Certification Program - We Go to Court if you don't want to go in Metuchen, Edison, East Brunswick, Woodbridge, North Brunswick, South Brunswick, Milltown
DEFENSE BY AFFIDAVIT OR CERTIFICATION PROGRAM - WE GO TO COURT IF YOU LIVE OUT OF AREA OR CANNOT APPEAR FOR COURT
The SUPREME COURT OF NEW JERSEY Order states in part
In response to the growing public health crisis worldwide and in this state involving the COVID-19 coronavirus, the New Jersey Judiciary is implementing all possible measures to apply social distancing in current court operations consistent with the recommendations of the New Jersey Department of Health and the Centers for Disease Control.
Accordingly, it is ORDERED, pursuant to N.J. Const., Art. VI, sec. 2, par. 3, thateffective immediately and until further order, the provisions of Rule 7:6-3 and Rule 7:12-3 of the Rules Governing the Courts of the State of New Jersey are supplemented and relaxed so as to remove the "undue hardship" requirement....
Therefore, we can go to court for you while you stay home.
Our office helps people with traffic/ municipal court tickets. We provide representation on most Central New Jersey traffic cases. Motor vehicle violations and criminal charges can cost you. If you plead guilty by mail for almost all traffic tickets, in addition to fines you will later receive points on your driver's license. Both the DMV and your car insurance company will impose surcharges and eligibility points for three years.
If you live out of New Jersey or will be traveling outside of New Jersey, contact our Law Office regarding us providing representation under the Defense by Certification Rule.
Under the New Jersey Court Rules, a New Jersey Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points, obtain dismissal of some tickets and provide other assistance. By reducing points and penalties you can reduce increases in your car insurance and surcharges.
An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. Division of Motor Vehicles or have your license suspended. Don't give up! We can appear in court for you on most Central New Jersey traffic violations.
Email us immediately if you need experienced legal representation in a traffic/municipal court matter. Kenneth Vercammen, Esq. Former Prosecutor for the Cranbury Municipal Court from 1991-1999, and Author Municipal Court Winning Strategies.
I re-read The Success Principles(TM) - 10th Anniversary Edition: How to Get from Where You Are to Where You Want to Be Paperback -2015 by Jack Canfield
Also on YouTube, listen to some of the free videos:
(3) The Power of the Subconscious Mind | Jack Canfield - YouTube
Jack Canfield and The 10 Success Principles to Create an Abundant Life with Lewis Howes - YouTube
(3) My Personal Vision Board | Jack Canfield - YouTube
THOUGHTS BECOME THINGS! - JACK CANFIELD - YouTube
(3) Money Magnet Mindset | Jack Canfield - YouTube
(3) Here's How to Earn More Money | Jack Canfield - YouTube
JACK CANFIELD ❤️Key to Living the Law of Attraction - YouTube
Jack Canfield and Ken Vercammen ABA Author at Charleston Leadership conference
I am currently reading the digital version of Jack Canfield's other book POWER OF FOCUS. I prefer the actual paper books, but bookstores and libraries closed.
Reminder Kenneth Vercammen's Law Office new Will preparation online with follow up consults online and without having to travel to law office.
To assist potential clients and seniors we now offer consults and document preparation remotely. We are concerned about your health and wellbeing.
1. For Wills, Power of Attorney, Living Wills, Deeds, Expungements please [email protected] We will email the interview form.
2. Type response/ Fill in details., email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to [email protected] Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms.
3. Ken V will call to discuss after typed interview form received.
4. After persons by credit card online or payment confirmed from PayPal, legal plan or Barter Depot, we will draft documents and email to you.
5. Ken V will call to answer further questions
6. Sign documents in front of notary and two witnesses[ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries.
Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor's office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE Sign a Living Will with Power of Attorney for Health Care In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.
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