About this column:
"Ask the Lawyer" is a bi-weekly feature appearing on Moorestown Patch. Submit your legal questions to local editor Rob Scott at rob.scott@patch.com and he'll pass them on to Archer & Greiner attorneys.William P. Isele, Esq. is of counsel to Archer & Greiner, P.C., where he practices health care law and elder law. He is a past chair of the New Jersey State Bar Association Health Law Section, and current chair of the NJSBA Elder & Disability Law Section. From 1999-2007, he served as New Jersey’s ombudsman for the institutionalized elderly. Q. I have an Advance Health Care Directive to guide decisions about my medical care in case I can’t make the decisions myself. How can I be sure my wishes will be honored if and when the time comes? A. Good for you! You’ve taken the first important step …
Gerald E. “Jay” Darling is a longtime Moorestown resident, partner and shareholder of Archer & Greiner P.C. in Haddonfield, where he concentrates his practice in all aspects of estate and trust planning and administration.Q. Should I have a power of attorney?A. Probably. You have the ability in New Jersey and most, if not all, other states to sign a written legal document called a “power of attorney,” which basically authorizes another individual (or several) to handle your general affairs.Q. What is a “durable” power of attorney?A. A durable power of attorney is one that “endures” and …
Peter Banfe is a Moorestown resident and an attorney in the Family & Matrimonial Services Department of Archer & Greiner P.C. in Haddonfield, where he concentrates his practice in all areas of family law including divorce, alimony, child support, equitable distribution, custody, parenting time, prenuptial agreements, domestic violence and college contribution issues in both pre-judgment and post-judgment matters. He can be reached at pbanfe@archerlaw.com or 856-857-2795. Q. My wife and I were divorced in New Jersey and I am obligated to pay child support for our son. When can I expect my …
Thomas A. Muccifori, Esquire, is a longtime Moorestown resident and a shareholder in the Litigation Department of Archer & Greiner in Haddonfield, where he chairs the Collections Practice Group and litigates business disputes of all types in state and federal courts. He can be reached at 856-354-3056 or tmuccifori@archerlaw.com.Q. I own a business here in New Jersey and want to file a lawsuit to collect a debt owed by one of my vendors. Can I handle this myself or am I required to hire an attorney?A. The answer depends on the amount of the debt you seek to collect. In New Jersey, a business …
Mark J. Sever, Jr. is co-chair of the Intellectual Property Practice Group at Archer & Greiner in Haddonfield, where he concentrates on patents, copyrights, trademarks, trade secrets and technology-related matters.Q: I have a book idea that is a spoof on another book. If I change the book name and the words, will I be legally safe in proceeding to write it?A: The answer to your question is, “It depends.” Whether you are “legally safe” in publishing your spoof lies in the interpretation of copyright law as applied to the specific facts of your work compared to the original.First, some brief …
Robert J. Fogg is chairman of the health-care group of Archer & Greiner, a law firm based in Haddonfield and Princeton, where he concentrates on representing healthcare providers, including hospitals, nursing homes, physicians and other healthcare facilities. He can be reached at 609-580-3702 or rfogg@archerlaw.com. Q. My mother lives alone and is now 90. She needs 24-hour supervision, which we can no longer manage at home. What are her choices?A. Selecting a nursing home or assisted living facility can be a challenging process, but there are many resources to help you find one that may …
Frank R. Demmerly, Jr. is chairman of the Estate and Trust Department of Archer & Greiner law firm in Haddonfield, where he concentrates on estate planning, wills, trusts, planning for closely held and family businesses, estate administration, and estate, gift and transfer taxation.He can be reached at 856-354-3100 or fdemmerly@archerlaw.com.Q. I’ve heard some families are able to keep their estates from being taxed at each generation level so they incur no federal or New Jersey estate taxes. How can that be?A. Family wealth can be preserved from generation to generation by using a “…
Frances A. McElhill is a longtime Moorestown resident and Chair of the Nonprofit Law Practice at Archer & Greiner in Haddonfield, where she specializes in the law regarding tax-exempt organizations. She can be reached at fmcelhill@archerlaw.com.Q. My neighbor asked me to give to his favorite charity. Is there any way I can find out more about this organization before writing a check?A. There are lots of ways to access free public information on charities. First of all, you may want to check whether the organization is a New Jersey nonprofit corporation. If you go to the New Jersey Division of…
Leif M. Nissen is a lifelong Moorestown resident and a shareholder in the Family & Matrimonial Services Department of Archer & Greiner in Haddonfield, where his comprehensive family law practice encompasses dissolution of marriage, alimony, custody and parenting time, adoption, child support, equitable distribution of property, domestic violence, pre-marital agreements, and pre-divorce and post-judgment motion practice.Q. Now that I am divorced, can I move out of New Jersey with my child?A. In today’s very mobile society, situations often arise where one parent seeks to permanently relocate …
Frank Demmerly is chair of the Estate and Trust Services Department of Archer & Greiner P.C. in Haddonfield, where he concentrates on estate planning, wills, trusts, planning for closely held and family businesses, estate administration, and estate, gift and transfer taxation.Q. We are “just married,” there are two young children and all of our assets are in joint name between the two of us. In regard to our retirement plans, we have named each other as beneficiary. Do we really need a will since all of our assets will pass to each other?A. Yes, everyone needs a will. It is true if one of you…
David A. Weinstein is a Moorestown resident and partner with Archer & Greiner in Haddonfield, where he focuses on alternative energy development and financing as well as pubic financing and redevelopment projects. He can be reached at dweinstein@archerlaw.com. Q. Lately, I have read and heard reports that solar panel installation for homes and small businesses may not be cost-effective. Though I am interested in helping the environment, I also want to save money on energy costs. Is solar still a good idea? Solar can still be a good investment, if your approach is for long-term benefits and …
Q: I own a business and employ salespeople who service customers I have cultivated over many years. How can I protect my business from customer poaching by employees who leave my company to work for themselves or for other companies? Can my list of customers, and the products and services my company has provided, be considered a “trade secret” that can be guarded? A: A basic means of protecting your business from poaching by former employees can be in the form of a “non-compete” or “non-solicitation” agreement in an employment contract. These are sometimes called “restrictive covenants.” They…