New Special Needs Community in New Brunswick, NJ

The groundbreaking ceremonies recently took place for the Promise House located in New Brunswick.  The Promise House is an affordable-housing community dedicated for people who are at risk or experiencing homelessness and have special needs.  State Housing and Mortgage Finance Agency joined local offices in the groundbreaking ceremonies.  The Housing and Mortgage Finance Agency is an affiliate of the state Department of Community Affairs. The agency provided approximately $1 million in permanent financing and construction financing for the project from the Special Needs Housing Trust Fund.  The Special Needs Housing Trust Fund is administered by the Housing and Mortgage Finance Agency and provides capital financing to create affordable, permanent, supportive housing and community residences for individuals with special needs. The purpose is to develop special-needs housing and residential opportunities as alternatives to institutionalization or homelessness for those who would benefit from these programs and to ensure the long-term viability of such housing.

United States Representative Donald M. Payne (1934-2012)

A I awoke this morning to the sounds of the daily news on the television, I was saddened to learn of the passing of Congressman Donald M. Payne, Representative from  New Jersey’s 10^th Congressional District.  A civil rights leader in the 1950’s and 1960’s, he became the first African-American President of the National YMCA.  In 1988, he was elected to Congress, where he succeeded Representative Peter Rodino and thereafter served for 24 years.  I was blessed enough in 2002 to meet the Congressman at a political event in Newark, shortly after he voted against the Iraq War.  He spoke with a reserved command of the podium, of the facts and of his audience.  The word captivating would not do him justice.  The respect he commanded is best exemplified by the fact that, despite his opposition to President George W. Bush’s positions on the Iraq War and foreign policy in general, the President still appointed the Congressman to serve as a Congressional delegate to the United Nations.  Twice.  I will remember the Congressman as a powerful voice for the poor, for the children of our community, and for human rights around the world.  His grace as a leader will be sorely missed and his seat will be hard to fill.

Clothes for Kids’ Sake – Big Brothers Big Sisters of Ocean County

I know its still February, but I keep hoping for signs of Spring!

I got my first “sign” in the mail when I received a notice that Big Brothers Big Sisters of New Jersey will be in the Ocean County area picking up donations.  Its a good opportunity to do some Spring cleaning and get rid of anything my family hasn’t been using.

It’s easy to schedule a pick up.  You can call 1-877-336-8828, or visit this website.

Big Brothers Big Sisters will come to your house and pick up donations of clothes, small appliances, books, bedding, toys and other items. Here is a list of the items most needed by the organization. Any donation you make is tax deductible.

Pack up any items you have, schedule and appointment and leave the bags on your doorstep.

AAA Predicts Increase in Holiday Travel

AAA announced their prediction that 2.2 million New Jersey residents will travel 50 miles or more from home during the holiday travel season in a news release yesterday. The company suspects more than 91% of the estimated 2.2 million will travel by automobile and about 6% will travel by airplane. If AAA is correct in their predictions for the nation, this will result in the second highest year-end holiday travel volume in ten years.  New York and Pennsylvania are also predicted to have an increase in travel during the holiday season, defined as December 23^rd to January 2^nd.

If you are planning to travel during the holidays, take the time to pack early and leave early. Delays from accidents as well as construction should be expected. Most importantly, remember that New Jersey does not allow drivers to talk, unless using a hands free device, or text on their cell phone while driving.

Refer to the article below before deciding against our advice.

New Age Bullying

While the internet has proven to be an effective tool for communication, marketing and information-gathering, over the past two decades, the proliferation of social networking sites and user-provided content sites have ushered in a new era of bullying among children, teenagers, and even adults. Although the term “bully” tends to draw images of a schoolyard cretin, hovering over a nerdy classmate demanding his lunch money, the internet provides an opportunity for bullies to attack their prey from a distance, anonymously and with a wider reaching audience. Cyber-bullying is the use of the internet or other related technological devices to intentionally or purposely harm another person in a deliberate, repeated and hostile manner. The concept of cyber-bullying has been expanded to include the use of threatening or harassing emails to the victim, the use of the victim’s personal information at websites or forums which would embarrass or annoy the victim, or the posting of gossip or rumors about the victim on social networking sites. The most alarming aspect of cyber-bullying is that the definition changes and expands over time as technology and access to technology develops.

Cyber-bullying had been receiving attention from the media prior to 2010, but gained greater exposure when the suicide of 18-year-old Rutgers University student Tyler Clementi provided a face to the problem. His suicide on September 22, 2010 was a direct result of cyber-bullying by two fellow students who streamed live video of Clementi’s sexual encounter with another male.

On January 6, 2011, Governor Chris Christie signed into law the Anti-Bullying Bill of Rights, which expanded New Jersey’s first anti-bullying law, passed in 2002. The new law, which went into effect with the current school year, requires school officials to combat incidents of harassment, intimidation and bullying and provides intensive training and reporting requirements for schools. Included in the law are incidents that occur off school grounds, including cyber-bullying, if it “substantially disrupts or interferes with the orderly operation of the school or the rights of other students.” This expansive language provides an avenue for students suffering from cyber-bullying to have issues addressed by their teachers and education staff, with the goal of providing a healthy environment for students both in and out of the classroom. On October 9, 2011 New Jersey Attorney General Paula Dow issued a Letter to the Editor for state-wide print and Internet news outlets, regarding the new Anti-Bullying Bill of Rights and the necessity of its enforcement. Dow specifically addressed cyber-bullying, stating that “it can leave victims feeling like the entire world is bullying them, and there is no escape to be found anywhere.” An increase of awareness of these issues, Dow espouses, will increase the likelihood that a victim will report cyber-bullying, thereby removing the anonymity of attackers.

Tomato: Fruit or Veggie?

The very identity of the tomato is and has for a long time been a point of contention. On the one hand, botanical purists point out that the tomato should be considered a fruit, given that it is the fruit of a vine. On the other hand, as part of our diets, the tomato “acts” like a vegetable.
Over a century ago, no less than the U.S. Supreme Court took up the subject, ruling in a short opinion that the tomato should be treated as a vegetable. The issue arose over a protest mounted in court by importers of tomatoes from the West Indies against a tariff that had been imposed on the tomatoes. The tariff could be imposed on vegetables but not on fruits.
The Supreme Court case boiled down to competing experts for both sides, as well as competing dictionary definitions. In the end, since the terms “vegetable” and “fruit” were found not to have any specialized meanings in the context of trade and commerce, the Court decided to treat tomatoes as most people did at the time when they ate them, that is, as vegetables.
In short, the Court determined that whichever way the tomato may have been characterized by botanists, it usually was used and treated as part of the meal itself (or “repast,” in the Court’s words) and not, like most fruits, as a dessert. Thus, the plaintiff importers could not avoid the challenged tariff.

Veteran’s Day

Every Veteran’s Day, I like to take moment to remember those who have served.  My very first elder law client, the one that inspired me to concentrate in this area as a specialty, was George Koch.  George served in World War II, and received, among other things, a Purple Heart, and a Combat Infantry Badge.  He was with the Army’s 16th Infantry, 1st Division, and fought in the Battle of the Bulge, in Ardennes, France.  He was also a very prolific writer and authored a book called the “Voice of the Ardennes”.  I keep a copy of the book on my desk to remind me of the importance of doing my job to the best of my ability.

Before he died, George gave me a book called “Danger Forward” which chronicles the history of the 1st Division.  Although he was himself a writer, he had marked a certain passage that he said was better than any description he had ever written of the time he had spent in the Ardennes.

How could you tell them.  How could you convey with words cold which burned fingers as they touched metal, jammed automatic weapons and even condensed and froze breath on the diaphragm of the microphones so that our radios would not work. What narrative form could paint the suffering of men who had no sleep for as long as three days and nights, no hot meal for days, no overcoats or blankets because they could not be brought up over the impossible roads? How could you describe the feelings of men who day after day had to fight in conditions which only polar bears could find tolerable….conditions which could not be worse for fighting?  Did they grumble?  Of course they grumbled and blaspheme like hell.  But they fought like hell too.

I can still picture George sitting in his chair in the living room, with the oversized custom-made shoes he wore because he feet had been ravaged by frostbite, reading this passage to me, and trying to get me to appreciate the sacrifice he and others had made for our country.  I hope I always remember.

A College Parents’ Guide

If you have a child that is either headed off to college or you have already dropped your him or her off, here are a few tips that may help give you a little piece of mind:

• Have an Advance Medical Directive (also known as a Living Will or Durable Power of Attorney for Health Care) naming one or more parents as the agent. That will enable you to speak with your child’s doctor or hospital and be involved in the care decisions. Otherwise if your child is over 18, thus considered an adult, you won’t be involved in the health care decisions or even be allowed to ask about his or her condition.
• Check with your homeowners insurer to see if your policy covers theft from a dorm room. If your student is in an apartment you may want to check out renters insurance.
•  If your child is going to school more than 100 miles away, your insurer may give you a discount on your auto policy as the student may be considered an infrequent driver.
• Your child will be flooded with credit card offers at school. It’s a good idea to take out one credit card — and only one. Look for the lowest rate and don’t be enticed by rewards or other perks. This should be considered a card for emergencies.
• Give your student gift cards for purchasing particular items; for instance from a linens store or the campus bookstore. That way you know the card will be used for its intended purpose.
• Teach your child to guard their identity: make sure they don’t carry their Social Security card in their wallet and don’t give it out indiscriminantly, or use it as a log in ID.

Estate Planning for Football Season Ticket Owners

I recently read an interesting article about how estate planning attorneys in Wisconsin are using estate planning techniques to keep Green Bay Packers season tickets in the family. Green Bay Packers season tickets have been sold out since 1960, and the waiting list is miles, perhaps generations, long! The Packers organization has a very clear-cut policy for passing along season tickets at death, and the ticket office at Lambeau Field has a transfer form that is easy to complete. If a Green Bay Packers season-ticket holder dies without completing a transfer form, there’s the possibility that the beneficiaries of the estate won’t agree on how to take ownership of the tickets, and the tickets would then revert back to the Packers to be sold to one of the 87,000 people on its waiting list. Season ticket owners have a strong sentimental attachment to their season tickets as many families have had their Packers season tickets for decades. Planning for the transfer of this asset has been a focus for estate planning attorneys in Wisconsin and their clients are impressed when they discover that such a valued asset can be transferred in such a simple and inexpensive manner.

Annemarie Schreiber, Esq.

Carluccio, Leone, Dimon, Doyle & Sacks, LLC

9 Robbins St.

Toms River, NJ 08753

732-797-1600 Fax: 732-797-1637

“Geri” Check

The big story of the day, and the past few days, has been the heat.  Luckily, Pine Grove, the day camp my son goes to has several pools and air-conditioned buildings.  Every morning this week I got an e-mail from the camp indicating they are operating under a “heat advisory” meaning they will limit outdoor activities and give the kids more pool time.  they set up Slip-n-slides” and sprinklers, and let the kids take it easy.  The heat also means I’ll make a few phone calls to check on some elderly people.  My mom, who has the same sarcastic sense of humor that I do, calls this a “geri check” since I will be checking on all of my geriatric clients that don’t have families.   My mom will be the first “geri check ” phone call that I will make.  Do you have the air on?  Is it working properly?  Stay out of the garden  – it’s too hot to be weeding.  By now she knows the drill.   The heat is brutal at any age, but we all know the elderly are especially vulnerable.

Is there someone in your neighborhood is elderly and alone?  Do you know anyone who does not have air conditioning, or because of money issues cannot afford to run it?  Be a good neighbor and do your own “geri checks”.  Keep an eye on anyone who could be affected by this heat wave.