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Tuesday, February 26, 2008

General Durable Power of Attorney

Warning to Person Executing This Document
This is an important and powerful document. It creates a durable power of attorney. Before executing this document you should know these facts:

1. This document provides the person you designate as your attorney-in-fact with broad powers to dispose, sell, convey, and encumber your real and personal property.

2. These powers will exist for an indefinite period of time unless you limit their duration in this document. These powers will continue to exist even if you become disabled, incapacitated, or incompetent.

3. You have the right to revoke or terminate this durable power of attorney at any time; however, you must do so in writing.

I, (principal’s name) of (principal’s address) , the Principal, hereby create this General Power of Attorney for the purpose of enabling the Agent named below to act as my agent and attorney-in-fact on all matters at all times, either before or after my disability.

1. Designation of Agent. I hereby designate and appoint (agent’s name) of (agent’s address) to be my agent and attorney-in-fact to act in my name and stead for all purposes.

In the event that my designated agent named above shall, at any time, be unable or unwilling to serve, or continue to serve, as my agent and attorney-in-fact, I hereby designate and appoint (alternative agent’s name) of (alternative agent’s address) to be my agent and attorney-in-fact to act in my name and stead for all purposes.

2. Effective Date. This General Power of Attorney and the powers conferred herein shall be effective as of the date I execute this document as set forth below.

3. Disability or Disappearance of Principal. This General Power of Attorney shall not be affected by my disability. The powers and authority conferred to my agent _____ in this instrument shall be fully exercisable by him/her notwithstanding my subsequent disability or incapacity or any later uncertainty as to whether I am alive or dead. All acts performed by my agent pursuant to this General Power of Attorney during any period of my disability or incompetence or during any period of uncertainty as to whether I am alive or dead shall have the same effect and inure to the benefit of and bind me, my heirs, devisees, and personal representative, to the same extent as if I were alive, competent, and not disabled.

4. Nomination of Guardian of Person and Estate. In the event I become disabled and am unable to manage my own affairs, I hereby nominate _______________ as the Guardian of my person and estate. I nominate him/her as my Guardian because he/she is best suited to carry out my wishes, desires, and intentions concerning my estate. He/She is also the person who has my best interests at heart. I trust him/her completely and ask the Probate Court to honor my selection of my Guardian. I also ask that my nominee serve without bond.

In the event the Probate Court does not name my nominee as the Guardian of my person and estate, I demand that the person selected by the Court be required to post a bond to serve in the capacity of Guardian.

5. Powers of Agent. The Agent acting under this General Power of Attorney shall have the full power and authority to do and perform every act and thing to the same extent as I could do if personally present and under no disability. The Agent shall have all of the powers, rights, discretions, elections, and authority conferred by statute, the common law, or rule of court or governmental agency that are reasonably necessary for the Agent to act on my behalf for any purpose. In addition to these general powers, the Agent shall have the following specific powers:

a. The power to request, ask, demand, sue for, recover, sell, collect, forgive, receive, and hold money, debts, dues, commercial paper, checks, drafts, accounts, deposits, legacies, bequests, devises, notes, interests, stocks, bonds, certificates of deposit, annuities, pension and retirement benefits, insurance proceeds, any and all documents of title, choses in action, personal and real property, intangible and tangible property and property rights, and demands whatsoever, liquidated or unliquidated, as now are, or may become, owned by, or due, owing, payable, or belonging to me, or in which I have or may hereafter acquire an interest; to have, use, and take all lawful means and equitable and legal remedies, procedures, and writs in my name for the collection and recovery thereof, and to adjust, sell, compromise, and agree for the same; and to make, execute, and deliver for me, on my behalf and in my name, all endorsements, acceptances, releases, receipts, or other sufficient discharges for the same.

b. The power to prepare, sign, and file joint or separate income tax returns or declarations or estimated tax returns for any year or years; to prepare, sign, and file gift tax returns with respect to gifts made by me, or by the Agent on my behalf, for any year or years; to consent to any gift and to utilize any gift-splitting provision or other tax election; and to prepare, sign, and file any claim for refund of any tax. This power is in addition to and not in limitation of the tax powers granted in the next paragraph.

c. The power and authority to do, take, and perform each and every act and thing that is required, proper, or necessary to be done, in connection with executing and filing any tax return, receiving and cashing any refund checks with respect to any tax filing, and dealing with the Internal Revenue Service and any state and local tax authority concerning any gift, estate, inheritance, income, or other tax, and any audit or investigation of same. This power shall include the power to do all acts that could be authorized by a properly executed Form 2848, entitled “Power of Attorney and Declaration of Representative,” granting the broadest powers provided therein to the Agent.

d. The power to conduct, engage in, and transact any lawful matter of any nature, on my behalf or in my name, and to maintain, improve, invest, manage, insure, lease, or encumber, and in any manner deal with any real, personal, tangible, or intangible property, or any interest in them, that I now own or may later acquire, in my name and for my benefit, upon such terms and conditions as the Agent shall deem proper.

e. The power to exercise or perform any act, power, duty, right, or obligation that I now have, or may later acquire, including, without limiting the foregoing, the right to enter into a contract of sale and to sell any real, personal, tangible, or intangible property on my behalf and the right to renounce or disclaim any testamentary or nontestamentary transfer intended for me.

f. The power to make, receive, sign, endorse, acknowledge, deliver, and possess insurance policies, documents of title, bonds, debentures, checks, drafts, stocks, proxies, and warrants, relating to accounts or deposits in, or certificates of deposit, other debts and obligations, and such other instruments in writing of any kind or nature as may be necessary or proper in the exercise of the rights and powers herein granted.

g. The power to sell any and all shares of stocks, bonds, or other securities now belonging to or later acquired by me that may be issued by any association, trust, or corporation, whether private or public, and to make, execute, and deliver any assignment or assignments of any such shares of stocks, bonds, or other securities.

h. The power to conduct or participate in any business of any nature for me and in my name; execute partnership agreements and amendments thereto; incorporate, reorganize, merge, consolidate, recapitalize, sell, liquidate, or dissolve any business; elect or employ officers, directors, and agents; carry out the provisions of any agreement for the sale of any business interest or the stock therein; and exercise voting rights with respect to stock, either in person or by proxy, and exercise stock options.

i. The power to enter any safe deposit box rented by me, and to remove all or any part of the contents thereof, and to surrender or relinquish said safe-deposit box. Any institution in which any such safe-deposit box may be located shall not incur any liability to me or my estate as a result of permitting the Agent to exercise the powers herein granted.

j. The power to make outright gifts of cash or property to adults or to minors in custodial form under an applicable Gifts to Minors Act, in amounts not to exceed Eleven Thousand Dollars ($11,000.00) to each adult or minor donee in any calendar year. Permissible donees hereunder shall include my partner, any of my children or stepchildren and their descendants, or any descendant of a brother or sister of mine or of any person to whom I shall have been married, as well as any person who shall be married to any of the foregoing.

k. To make gifts to facilitate my qualifying for the receipt of government benefits for my long-term health care and nursing home care needs (e.g., old age pension and Medicaid benefits). Any gifts made pursuant to this paragraph are to be made unconditionally as determined in the sole discretion of my attorney-in-fact. Such gifts shall be irrevocable. My attorney-in-fact is authorized to make said gifts so long as my long-term care is reasonably provided for by my assets subject to this Power, or otherwise during the time period I would be disqualified from receiving long-term care and/or medical assistance under the State Medicaid program. Any gifts may be made outright or in trust and may include both real and personal property.

l. The power to convey or assign any cash or other property of which I shall be possessed to the trustee or trustees of any trust that I may have created, provided that such trust is subject to revocation by me, which power shall be exercisable hereunder by the Agent.

m. The power to purchase United States Government Bonds known as “Flower Bonds,” which may be used in payment of death taxes from my estate.

n. Subject to the provisions of Section 1 above, the power to appoint a substitute or alternate agent and attorney-in-fact, who shall have all powers and authority of the Agent.

6. Limitation of Power of Agent. Notwithstanding any other provision of this General Power of Attorney, the Agent shall have no rights or powers hereunder with respect to any act, power, duty, right, or obligation relating to any person, matter, transaction, or property held or possessed by me as a trustee, custodian, personal representative, or other fiduciary capacity. In addition, the Agent shall have no power or right to perform any of the following functions:

7. Ratification. I hereby ratify, acknowledge, and declare valid all acts performed by the Agent on my behalf prior to the effective date of this General Power of Attorney.

8. Revocation and Termination. This General Power of Attorney is revocable by me, provided that insofar as any governmental agency, bank, depository, trust company, insurance company, other corporation, transfer agent, investment banking company, or other person who shall rely upon this power, this power may be revoked only by a notice in writing executed by me and delivered to such person or institution.

This General Power of Attorney shall not be revoked or otherwise become ineffective in any way by the mere passage of time, but rather shall remain in full force and effect until revoked by me in writing.

I hereby revoke any and all general powers of attorney previously executed by me, if any, and the same shall be of no further force or effect. However, I do not intend in this General Power of Attorney to affect, modify, or terminate any special, restricted, or limited power or powers of attorney previously granted by me in connection with any banking, borrowing, or commercial transaction.

9. Construction. This General Power of Attorney is executed and delivered in the State of ______________, and the laws of the State of _______________ shall govern all questions as to its validity and as to the construction of its provisions. This instrument is to be construed and interpreted as a general durable power of attorney. The enumeration of specific powers is not intended to limit or restrict the general powers granted to the Agent in this instrument.

10. Reliance. Third parties may rely upon the representations of the Agent as to all matters related to any power granted to the Agent in this instrument, and no person who acts in reliance upon the representation of the Agent shall incur any liability to me or my estate as a result of permitting the Agent to exercise any power. Third parties may rely upon a photocopy of this executed General Power of Attorney to the same extent as if the copy were an original of this instrument. This document consists of [number of] pages of which this is the last.

IN WITNESS WHEREOF, I have executed this Durable Power of Attorney on the ______ day of _______________, 20___.

_________________________________
Principal
State of ___________________
County of _________________

____________________________________, the Principal, personally appeared before me and executed and acknowledged this Durable Power of Attorney for Finances before me this ______ day of ____________, 20_____.

_____________________________________
Notary Public







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Sunday, February 24, 2008

GOVERNOR CORZINE SIGNS LEGISLATION specifically provide that “gender identity or expression” and “national origin” are within the protected classes

GOVERNOR CORZINE SIGNS LEGISLATION specifically provide that “gender identity or expression” and “national origin” are within the protected classes
S-2975/A-4591 (Buono, Weinberg/Caraballo, Vainieri Huttle, Chivukula, McKeon) – Revises laws concerning hate crimes and bullying; establishes Commission on Bullying in Schools.
Section 1 of the bill amends the law concerning the crime of bias intimidation to specifically provide that “gender identity or expression” and “national origin” are within the protected classes set forth in the statute. Current law enumerates the protected classes of “race, color, religion, gender, handicap, sexual orientation, or ethnicity.” Although a bias crime based on gender identity or expression or national origin can be prosecuted using the protected classes currently enumerated in the law, this amendment makes clear that these classes are intended to fall within the provisions of the statute. In addition, section 1 replaces the outdated term “handicap” with the more contemporary term “disability.” This change is not intended to change substantive law. Under the provisions of this section, a person may be guilty of the crime of bias intimidation if he commits, attempts, conspires, or threatens the immediate commission of certain specified offenses with a purpose to intimidate an individual or group because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity or knowing that the conduct would cause an individual or group to be intimidated on that basis or under circumstances in which the victim believes he was targeted on that basis. The bill further clarifies the law by specifying that it is not a defense to a prosecution for the crime of bias intimidation that the defendant was mistaken as to the race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity of the victim.
Section 1 also adds a new subsection f. to N.J.S.A.2C:16-1 to provide for additional penalties for the crime of bias intimidation. Under this subsection, a court may order a person convicted of bias intimidation to: complete a class or program on sensitivity to diverse communities, or other similar training in the area of civil rights; complete a counseling program intended to reduce the tendency toward violent and antisocial behavior; or make payments or other compensation to a community-based program or local agency that provides services to victims of bias intimidation. These penalties would be in addition to any other penalties required by the State’s sentencing laws.
Section 2 of the bill amends N.J.S.A.2A:53A-21 to include a purpose to intimidate because of “gender identity or expression” or “national origin” in the existing civil cause of action for bias crime victims. In addition, the bill replaces the outdated term “handicap” used in N.J.S.A.2A:53A-21 with the more contemporary term “disability.” Under the provisions of this section of the bill, a person, acting with purpose to intimidate an individual or group because of race, color, religion, gender, disability, sexual orientation, gender identity or expression, national origin, or ethnicity, who engages in conduct that is an offense under the provisions of the New Jersey criminal code, commits a civil offense and may be liable for damages, including punitive damages.
Section 3 of the bill amends N.J.S.A.52:4B-11 to add the crime of bias intimidation to the list of crimes for which the Victims Crimes Compensation Agency may order the payment of compensation for personal injury or death. Including victims of bias intimidation specifically in N.J.S.A.52:4B-11 will enable them to be the beneficiaries of the services the Victims Crimes Compensation Agency offers.
Section 4 of the bill would require local and county police to include information about bias crimes in their quarterly reports of crime to the Attorney General. This information would then be included by the Attorney General in the annual report of crime in New Jersey submitted to the Governor and the Legislature pursuant to N.J.S.A.52:17B-5.5.
Section 5 of the bill would require the Attorney General or the Division of State Police, if the Attorney General so designates, to maintain a central repository of information submitted from county and local police concerning bias crimes. The information in the repository would be available to the public.
Section 6 would require the Police Training Commission to require all new police officers to complete two hours of training, which may include interactive training, in identifying, responding to, and reporting bias intimidation crimes. The Police Training Commission would develop or revise the course in consultation with the New Jersey Human Relations Council. The training course shall include the following topics:
• features that identify or could identify a bias intimidation crime;
• laws dealing with bias intimidation crimes
• law enforcement procedures, reporting, and documentation of bias intimidation crimes; and
• techniques and methods to handle incidents of bias intimidation crimes, including training on how to deal sensitively with victims and referring victims of bias intimidation crimes to organizations that provide assistance and compensation to victims.
Section 7 of the bill amends N.J.S.A.18A:37-15 to require each district’s bullying policy to include a requirement that the policy be posted on the district’s website and distributed annually to parents and guardians.
Section 8 of the bill would require school districts to amend their bullying policies, post bullying policies on the web, and notify students and parents that the policy is available online within 120 days of the date of enactment (60 days from the effective date of section 8 of the bill).
Section 9 of the bill would establish the Commission on Bullying in Schools. The commission shall consist of 14 members as follows:
• the Commissioner of the Department of Education, or his designee;
• the Director of the Division on Civil Rights in the Department of Law and Public Safety, or his designee;
• the Governor shall appoint eight public members: one representative of the New Jersey Education Association, one representative of the New Jersey School Boards Association, one representative of the Anti-Defamation League, one representative of the New Jersey Principals and Supervisors Association, and four public members with a background in, or special knowledge of, the legal, policy, educational, social or psychological aspects of bullying in schools;
• the President of the Senate shall appoint two public members with a background in, or special knowledge of, the legal, policy, educational, social or psychological aspects of bullying in schools; and
• the Speaker of the General Assembly shall appoint two public members with a background in, or special knowledge of, the legal, policy, educational, social or psychological aspects of bullying in schools.
The commission shall study and make recommendations regarding:
• the implementation and effectiveness of school bullying laws and regulations;
• the adequacy of legal remedies available to students who are victims of bullying and their parents and guardians;
• the adequacy of legal protections available to teachers who are in compliance with school bullying policies;
• training of teachers, school administrators, and law enforcement personnel in responding to, investigating and reporting incidents of bullying;
• funding issues related to the implementation of the State school bullying laws and regulations; and
• the implementation of a possible collaboration between the Department of Education and the Division on Civil Rights in the Department of Law and Public Safety on a Statewide initiative against school bullying.
Members shall be appointed within 30 days of enactment and serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties, within the limits of funds appropriated or otherwise made available to the commission for its purposes.
The commission shall choose a chairperson from among its members. Any vacancy in the membership shall be filled in the same manner as the original appointment.
The commission shall conduct a minimum of three public hearings: one in the northern portion of the State; one in the central portion of the State; and one in the southern portion of the State.
The commission shall report its findings and recommendations, along with any legislation it desires to recommend for adoption by the Legislature, to the Governor and the Legislature. The commission shall issue its final report no later than nine months after final appointment of its members and expire thereafter.
The committee amended the bill to require school districts to amend their bullying policies, post bullying policies on the web, and notify students and parents that the policy is available online within 120 days of the date of enactment (60 days from the effective date of section 8 of the bill). The committee also amended the bill to add a representative of the New Jersey Principals and Supervisors Association to the Commission on Bullying in Schools created by the bill.

Friday, February 8, 2008

Portions of a Will Format used for Same Sex Couples

Portions of a Will Format used for Same Sex Couples

Last Will and Testament
of
______________________________________


I, _____________________________, of ______________________, ______________, hereby make, publish, and declare this to be my Last Will and Testament and revoke all previous wills and codicils made by me.
Section 1. Identification of Family
1.01 My partner’s name is ____________________________. All references in this will to my partner, whether or not specifically named, shall mean only my partner, ______________________.
1.02 I have (no) living children or issue. [Specify names of children and whether they are minors or adults. If minors, will must also include a Guardian of Person and Estate clause in conformance with state law. Include the partner’s children in the definition of children whether biological or adopted; include any children where the partner’s adoption petition has not been finalized.]
Section 2. Nomination of Executor
2.01 I hereby nominate ________________________ to serve as my Executor. Should this person be unable or unwilling at any time to serve as my Executor, I nominate ___________________ of ________________________, ________________, to serve as my Alternate Executor.
2.02 I direct that my Executor, and any successor thereto, be permitted to serve without bond in any jurisdiction.
Section 3. Disposition of Tangible Personal Property
3.01 I give, devise, and bequeath my tangible personal property to my partner, ___________________________. My Executor may, in his/her sole discretion, sell any of the property that, in his/her opinion, is not suitable for distribution, and the proceeds thereof shall become a part of my residuary estate. If the devisee named in this section does not survive me, I direct that the said property be disposed of or distributed with the residue of my estate.
Section 4. Residuary Devise
4.01 The balance of my residuary estate shall consist of all property or money owned by me at the time of my death and not otherwise effectively disposed of in this will, including all insurance proceeds or other death benefits that are payable to my estate but excluding any property over which I may have a power of appointment, less all valid claims asserted against my estate and all expenses incurred in administering my estate, including expenses of administering nonprobate assets.
4.02 I give, devise, and bequeath the balance of my residuary estate to my partner, ________________________________, if he/she survives me.
4.03 If my partner predeceases or fails to survive me I give, devise, and bequeath the balance of my residuary estate to _________________________.
4.04 I am leaving my estate to my partner, ________________, because he/she is my life partner. I am not making these provisions out of any disrespect or lack of affection or love for my family. It is my intention that my partner, _____________________, inherit my estate. [Also, see proposed clause in Chapter 4.]
Section 5. Specific Provision Regarding My Pet(s)
5.01 If my partner, _______________________, predeceases or fails to survive me, I bequeath any pets I may own at the time of my death to ____________________. He/She is willing and able to maintain my pets in a comfortable setting with a standard of care similar to that which I had provided for them. I bequeath to ____________________, for accepting my pets under the foregoing sentence, the sum of $500 per pet. This bequest is made with the intention that such amount shall defray the costs of providing care to my pets, but without any restriction or obligation to account to any person for the use of such funds.
5.02 If __________________________ is unable to accept and care for my pets, I authorize and request my Executor to select an appropriate person who is willing and able to do so and to maintain my pets in a comfortable setting with a standard of care similar to that which I had provided for them. I bequeath to the person accepting my pets under the foregoing sentence the sum of $500 per pet. This bequest is made with the intention that such amount shall defray the costs of providing care to my pets, but without any restriction or obligation to account to any person for the use of such funds.
Section 6. Powers of Executor
6.01 My Executor, and any successor thereto, shall have all of the powers granted to Executors and fiduciaries under the probate code and other applicable laws of the state of _______, including the power to execute any joint or individual tax return on my behalf or on behalf of my estate.
6.02 My Executor shall be entitled to reasonable compensation for services actually performed and to reimbursement of expenses properly incurred.
a. My Executor shall have, in addition to any other powers, the power to invest, reinvest, sell, mortgage, lease, or otherwise transfer or dispose of any part or all of my estate, without the necessity of obtaining prior or subsequent court approval;
b. To make repairs or improvements to my property as may be deemed necessary to preserve or enhance the value of my estate;
c. To borrow funds for use in estate administration if there are insufficient liquid assets in my estate;
d. To employ persons, including attorneys, investment advisors, or other agents for assistance or advice, or not to employ such persons, as my Executor deems appropriate;
e. To compromise and settle any claims against or in favor of my estate on such terms and conditions as my Executor deems best;
f. To make determinations as to the allocation of receipts and the apportionment of expenditures between income and principal. My Executor shall not be required to follow any provision of law regarding such determinations, including [relevant chapter of state code].
6.03 My Executor may make distributions either in cash or in kind. Distributions in kind may be made at the discretion of my Executor. My Executor may make any distributions under this will either (1) directly to the beneficiary, (2) in any form allowed by applicable state law for gifts or transfers to minors or persons under disability, (3) to the beneficiary’s guardian, conservator, or caregiver for the benefit of the beneficiary, or (4) by direct payment of the beneficiary’s expenses.
Section 7. Construction and Definitions
The following rules and definitions shall apply in the construction of this instrument and in the administration of my estate:
7.01 Any reference to my “Executor” in whatever form refers to the person, persons, or institution then acting as the personal representative of my estate.
7.02 If any devisee or other beneficiary under this will dies within 30 days after my death or under such circumstances where there is insufficient evidence in the judgment of my Executor to determine whether such person has died within 30 days after my death, the devisee or beneficiary shall be deemed to have failed to survive me.
7.03 The laws of the state of _______ shall govern all questions as to the validity and construction of this.
7.04 The term “estate and death taxes” shall mean all estate, inheritance, transfer, succession, or other taxes or duties payable by reason of my death, including interest and penalties thereon.
Section 8. Payment of Taxes and Expenses
8.01 I direct my Executor to pay the expenses of administering my estate, the expenses created by reason of my death, and all estate and death taxes payable with respect to property includable in my gross estate or taxable by reason of my death, whether or not such property is part of my probate estate and whether or not such taxes are payable by my estate or by the recipient of any such property. Such taxes and expenses should be paid out of my residuary estate without apportionment.
[Optional Clause]
8.02 I direct my Executor to pay only those expenses dealing with my funeral and interment that conform to my expressed wishes. If anyone interferes with my expressed wishes concerning my funeral, memorial service, or interment, and fails to abide by those expressed wishes, that person or persons shall be wholly responsible for any and all expenses. I ask that the Court and all concerned persons in this regard honor my expressed wishes, even if those wishes run counter to those of my immediate family.