Month: July 2024

What To Do When Legal Issues Arise on Vacation

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Traveling should be a time to relax and explore new places, however, legal issues can occasionally arise. The following are some key steps to take if a Florida resident encounters legal problems while on vacation:

1. Where Should I Hire a Lawyer?

  • Within the U.S.: Each state licenses its own attorneys. If you encounter legal trouble in a different state, hire a lawyer licensed in that state. They will be familiar with local laws and court procedures.
  • In Another Country: Finding a lawyer can be more challenging. The U.S. State Department can help connect you with an English-speaking lawyer. Consular officials can offer general advice and monitor your treatment if detained.

2. Am I Required to Return to the Vacation Destination to Deal with the Legal Problem?

  • In the U.S.: If charged with a crime, you may need to stay in the state or county where you were charged. A local attorney can sometimes represent you, but you might need to appear in person for some court proceedings. Virtual hearings might be an option, but not guaranteed.
  • In Another Country: Consequences vary by country. Not dealing with the issue could prevent future travel to that country.

3. Handling Legal Problems at Home While on Vacation

  • Power of Attorney: Grant someone authority to act on your behalf while you are away. This can be limited to specific matters and for a set duration.

4. Handling Traffic Tickets or an Arrest on Vacation

  • Traffic Tickets: Check the ticket for payment options. A local attorney can help contest it without requiring your presence.
  • Arrested in Another State: You have constitutional rights, including the right to an attorney and to remain silent. A local lawyer can request permission for you to return home while your case is pending.
  • Arrested in Another Country: Request to speak to the nearest U.S. embassy or consulate. The Vienna Convention on Consular Relations ensures your right to consular assistance.

Additional Tips:

  • Preparation: Enroll in the Smart Traveler Enrollment Program (STEP) to connect with the nearest U.S. embassy or consulate. This can help friends and family reach you in an emergency.
  • Legal Advice: For personalized advice, contact a local lawyer. If you are a member of a Legal Plan, you can reach out to them and request a referral to a local Plan attorney, if they have any in or nearby the subject jurisdiction.

Remember, while this guide provides general information, legal advice should come from a licensed attorney familiar with your specific situation. If legal trouble arises on vacation, act promptly to address the issue effectively.

The foregoing is a brief and general overview of the topic.
If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Important Steps to Take When a Child Becomes an Adult

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When a child turns eighteen (18), they legally become an adult, and a parent loses the automatic right to access their medical, financial, and educational records. To prepare for unexpected situations and to help manage a child’s affairs, consider having them set up an estate plan that includes these key components:

1. Healthcare Proxy with HIPAA Release

  • Purpose: Allows a designated person to make medical decisions if a child is incapacitated and enables access to their medical records.
  • Why It is Important: Without a HIPAA release, a parent might not receive critical medical information or updates if their child is unable to communicate. A healthcare proxy prevents the need for court proceedings to appoint a parent as a legal guardian during a medical crisis.

2. Durable Power of Attorney

  • Purpose: Grants a trusted person the authority to manage a child’s financial matters if they become incapacitated or are unable to handle them.
  • Why It is Important: Without this, a parent cannot access their bank accounts or manage their financial affairs, potentially leading to legal complications and delays. This document is also helpful for managing issues while an adult child is away at college or traveling.

3. Last Will & Testament

  • Purpose: Specifies how a child’s assets should be distributed in the event of their death.
  • Why It is Important: Ensures that their wishes are honored and avoids unintended consequences that could complicate one’s estate planning.

Additional Considerations:

  • FERPA Authorization: Allows a parent access to their child’s educational records. This is crucial as FERPA (Family Educational Rights and Privacy Act) grants privacy rights to students over eighteen (18), limiting parental access without consent.
  • Discussions with an Adult Child: Ensure the adult child understands the implications of these documents and that they are comfortable with the authority they are granting.

Benefits for College Students:

  • Medical and Financial Management: Allows parents to help manage medical appointments, prescriptions, finances, and emergencies.
  • Studying Abroad: Facilitates handling of financial transactions and lease agreements while the student is overseas.

Conclusion:

Setting up these documents can ensure that a parent is prepared to assist their adult child in handling medical and financial matters efficiently and effectively, even when they are away from home or if an emergency takes place.

For assistance in drafting these documents, consult with an attorney who specializes in Estate Planning. They can provide guidance tailored to one’s specific needs and circumstances.

Contact CASERTA & SPIRITI if help is needed in completing an estate plan or setting up a Durable Power of Attorney for one’s college student.

The foregoing is a brief and general overview of the topic.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

The Family Educational Rights and Privacy Act (FERPA)

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The Family Educational Rights and Privacy Act (FERPA) protects the confidentiality of student educational records at any public or private elementary, secondary, or post-secondary school, and any state or local education agency receiving federal funds. FERPA grants students the right to inspect and review their records, request corrections, stop the dissemination of personal information, and access their institution’s policy on educational records. It also prohibits disclosure of such information without the student’s or parent’s consent, except under specified conditions.

Key Provisions:

  1. Student Rights: Students have the right to inspect and review their records, request corrections, and halt the release or dissemination of personal information.
  2. Consent Requirement: Schools must obtain written consent before disclosing personally identifiable information, with exceptions for legitimate educational interest, transfer to another school, audit, evaluation, financial aid, certain studies, judicial orders, health and safety emergencies, and juvenile justice systems.
  3. Directory Information: Schools may release directory information, such as names and addresses, unless opted out by the student or parent.
  4. Record Exemptions: Certain records are exempt from FERPA, including sole possession records, law enforcement unit records, employee records, and certain health records.

History:

  • Enacted in 1974, FERPA was a response to the misuse of student records.
  • The “Joint Statement in Explanation of Buckley/Pell Amendment” clarified the intent to give parents access to their children’s records to protect their interests.

Amendments:

  • 1974: Limited post-secondary student access to parental financial records and pre-1975 recommendation letters.
  • 1979: Allowed state and local educational officials to access records for audits or evaluations.
  • 1990-2013: Various amendments expanded conditions under which records could be disclosed without consent, including health or safety emergencies, campus security, and cases involving juvenile justice systems.

Protections:

  • Parents and Eligible Students: FERPA grants rights to inspect and amend records and provides consent requirements for disclosure.
  • Disclosure Exceptions: Include disclosures to school officials, other schools, government representatives, financial aid providers, organizations conducting studies, accrediting organizations, and in cases of health or safety emergencies.
  • Post-Secondary Students: Additional rights include notification of disciplinary proceedings’ outcomes and disclosure to parents about drug or alcohol violations for students under twenty-one (21).

FERPA and COVID-19:

The health or safety emergency exception applies, allowing the disclosure of information necessary to protect individuals during the pandemic.

Complaints:

Violations of FERPA can be addressed through the Department of Education’s Student Privacy Policy Office, but there is no private right of action to sue for violations.

EPIC’s Work:

The Electronic Privacy Information Center (EPIC) has advocated for stronger FERPA protections, transparency in data practices, and accountability for the use of recent technologies in classrooms.

Key Legal References

  • Family Educational Rights and Privacy Act: 20 U.S.C. § 1232g
  • FERPA Regulations: 34 CFR Part 99.

Directory Information

Under FERPA, a school can disclose what is known as “directory information” without violating a student’s privacy. This includes:

  • Name,
  • Address,
  • Telephone number,
  • Date and place of birth,
  • Major,
  • Dates of attendance,
  • Degrees and awards received,
  • Enrollment status (full-time, part-time, etc.),
  • Most recent previous school attended.

Opting Out:

If a student does not desire the school to release or disclose their directory information, they must complete and submit the “Request for Non-Release of Directory Information” form.

Granting Access to Education Records:

To allow a student’s parents or any third-party access to their education records, the student needs to submit a signed and dated consent form such as Model Form for Disclosure to Parents of Dependent Students and Consent Form for Disclosure to Parents on the U.S. Dept. of Education website and/or each school may have its own version. A Durable Power of Attorney executed by the adult child student with the parent as Agent can also be particularly important and helpful in allowing parents access to their child’s educational records as well as medical records if the said child is rendered unable to do so on their own.

Without the foregoing, the subject school cannot discuss the adult student’s records with anyone other than the said student, except for the specific exceptions allowed under FERPA.

Submitting a FERPA Authorization:

  • Students are not required to sign the FERPA authorization.
  • Students can change their authorization at any time by submitting a new authorization form.

Additional Information: For more details on FERPA rights or the FERPA waiver or authorizations, one can contact the Registrar’s Office at the subject school, and/or refer to the U.S. Department of Education’s resources on FERPA. A Florida resident can also contact an Estate Planning or Elder Law attorney regarding Durable Powers of Attorney.

The foregoing is a brief and general overview of the topic.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

How Does Everyone Seem to Know my Loved One Passed Away in Florida?

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When a loved one dies in Florida, the news of their death can appear to spread quickly even when an obituary is not published. This phenomenon is mostly due to a series of automated notifications and legal processes designed to manage the aftermath of a person’s passing efficiently. The following is a brief overview as to how these notifications work and what happens when someone dies in Florida.

Notification to the Social Security Administration (SSA)

When a person dies, one of the first organizations to be notified is the Social Security Administration (SSA). Typically, the funeral home handling the deceased’s arrangements is responsible for notifying the SSA. They do this by submitting the required forms along with the decedent’s social security number. This notification process is crucial because it triggers a cascade of further notifications and administrative actions.

Credit Reporting Agencies

Once the SSA is informed of the death, they notify the major credit reporting agencies—Equifax, Experian, and TransUnion. These agencies update their records to reflect the individual’s passing, helping to prevent identity theft and fraud. This update usually occurs within 24-48 hours of the SSA being notified.

Financial Institutions and County Records

Financial institutions, such as banks and credit card companies, are also notified of the death through the SSA. This leads to the immediate “freezing” of the decedent’s bank accounts if they are solely in the decedent’s name without a designated beneficiary. No further deposits or withdrawals can be made from these accounts until probate is completed and the accounts are legally transferred to the heirs or beneficiaries.

Similarly, county records are updated to reflect the decedent’s status. For property owned by the deceased, the county may add the code “EST” (indicating an estate) after the individual’s name. This signifies that the property is now part of the decedent’s estate and will be managed through the probate process.

Funeral Home Responsibilities

Funeral homes play a critical role in the notification process. They use a specific form to report the death to the SSA. This ensures that the death is formally recorded and that subsequent notifications to other agencies and institutions occur seamlessly. If a funeral home does not report the death, it falls on the family or personal representative/executor of the estate to contact the SSA directly with the necessary information, including the deceased’s name, social security number, date of birth, and date of death.

Notifications to Other Entities

In addition to notifying the SSA, there are several other entities that should be informed of the death:

  • Government Agencies: Besides the SSA, other government agencies such as the Department of Motor Vehicles (to cancel the driver’s license) and the Department of Veterans Affairs, if applicable, should be notified.
  • Banks and Financial Institutions: All banks, credit unions, investment firms, and other financial entities where the decedent (deceased party) held accounts should be informed.
  • Creditors and Credit Reporting Agencies: Notifying creditors helps prevent new charges and guard the estate from potential fraud.
  • Utilities and Service Providers: Canceling or transferring utilities and subscriptions helps avoid unnecessary charges and ensures services are appropriately managed.
  • Memberships and Subscriptions: Any clubs, memberships, or subscription services should be notified to prevent ongoing charges.

Probate Process

The probate process is a legal proceeding required to manage and distribute the decedent’s estate, if not handled in alternative ways. It involves validating the Last Will & Testament, if any, identifying and inventorying the decedent’s assets, paying appropriate debts and taxes, and distributing the remaining assets to the rightful heirs or beneficiaries. During probate, any bank accounts, properties, or other assets that were solely in the decedent’s name will be transferred according to the Last Will or, if there is no Last Will, according to Florida’s intestacy laws (i.e., next of kin).

Conclusion

In summary, the rapid spread of news regarding a person’s passing in Florida is due to an efficient, automated system of notifications that involves the SSA, credit reporting agencies, financial institutions, and county records. This system ensures that all relevant parties are informed, and it helps streamline the management of the decedent’s estate. Understanding these processes can help families better navigate the administrative tasks that follow a loved one’s death and ensure that all necessary steps are taken promptly and correctly.

The foregoing is a brief and general overview of the topic. If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Preparing Young Adults for the Reality of Life, i.e., from a Legal Perspective

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It is a rite of passage for both parents and their children when children turn eighteen (18). All must learn how to prepare these young individuals for their new legal obligations as adult residents of the state of Florida.

As a child approaches eighteen, preparing them for the responsibilities of adulthood often is a top priority. While the transition from child to young adult does not have to be overwhelming, the said individual might need a basic understanding of their rights and privileges. As a parent or guardian, a Florida resident may instruct their child how to enter into a contract, file taxes, and tackle other responsibilities. The learning process takes a while, so consider easing the child into this new phase of life so they can become more confident in their knowledge, understanding, and abilities. This article will briefly outline some of the rights and responsibilities of 18-year-olds and estate planning, moving out of the home, healthcare, taxation, and other legal issues facing young adults.

Although a sizeable number of parents continue to support young adults for what appears a long time, an 18-year-old has the right to move out on their own and take care of all their own needs. This new freedom includes responsibilities such as managing finances, medical insurance, housing needs, and food. They now have the right to vote, and they might be drafted into the military. Also, the newly minted young adult does not have the same legal protections they did as a child and would be treated as an adult if they commit a crime.

Communication throughout a child’s teenage years is always helpful when preparing them for adulthood. It is a beneficial idea to explain to a young adult that any contract they sign is binding, and they can get into legal trouble if they do not adhere to the contract’s terms. This includes signing for a new credit card, cell phone, or apartment, among others.

It is easy for young adults to become overwhelmed with their new responsibilities. Although they are not required to learn everything overnight, modeling responsible adult behavior and practicing with various contract types is never a bad idea.

Housing and Rental Agreements

Even if a young adult is not moving out for a period, discussing roommate arrangements or Cohabitation Agreements can be beneficial. As a teaching tool, a Florida parent might have their young adult sign a Cohabitation Agreement with them so they can better understand the responsibilities they could face once they move out of their parents’ house and in with someone else. Roommate Agreements and Pre-Rental Inspection Checklists are also forms they may encounter during the moving-out process. If they already have moved out to an apartment, for instance, they may need to learn how to file a Complaint to Landlord form.

Transportation and Work

Purchasing a used automobile may be something they will need to do as they mature. Take time to explain the challenges, risks, and legal implications of purchasing a used motor vehicle and provide tips, advice, and tools they can use when it comes to evaluating any potential used auto, they may consider buying. In addition, if a young adult is working, it is a good idea that they know the difference between being an employee and an independent contractor and how income taxes are filed in each of these situations or categories.

Preparing young adults for the business world means something different for everyone. For the young adults who plan to continue their education or become a part of the workforce, parents can discuss with them what employers might find valuable.

For young entrepreneurs, learning about the business world may require going to school, getting firsthand experience, or both. If a young entrepreneur is eager to get started early, a parent may wish to look over their network to see if they can make an introduction to someone who works in the industry they want to enter. If a young entrepreneur has it all planned out, they may just need access to the right legal and business services to get their start.

Estate Planning

Once a child is eighteen, they may consider creating or modifying a Living Will or a Last Will & Testament. What is more, a parent may wish to discuss the importance of having another adult in their life whom they trust to watch over their medical care and bank accounts should they become hurt or ill. It is likely that a young adult still wants their parents involved in their medical care, especially in the event of an emergency.

If an adult child does not have a significant other, they might wish to appoint someone who can manage decisions for them if they are incapacitated. The following documents can make it easier for a parent to provide that protection and guidance:

  • HIPPA Authorization Form: This allows a young adult’s treatment providers to discuss medical issues.
  • Durable Power of Attorney: Appoints someone to look after their finances if they cannot do it themselves.
  • Medical Power of Attorney: Allows an adult child to appoint an individual who can speak with doctors on their behalf. This instrument could be considered a vital document for parents of young adults, especially if they still live at home.
  • Advanced Directives: Outlines what a young adult wants to happen if they are terminally ill and unable to speak on their own behalf.

A Florida parent may want to consider a FERPA release, which is the Family Educational Rights and Privacy Act, allowing the parent and their child, who is now a young adult, protection against what educational information is released. A FERPA release helps to protect certain educational information and can allow the parent to communicate with their young adult’s school. Most colleges and universities offer FERPA release forms to students who want to sign one.

Speaking with one’s adult child about their estate plan in simple terms is vital. They should know the locations of the Last Will & Testament and the Advanced Directives or Durable Power of Attorney forms. A parent does not have to share their entire estate plan the day their child becomes an adult, but one might consider informing them about where the paperwork is kept.

It may be beneficial to discuss with one’s child about their personal Advanced Directives and Durable Power of Attorney choices when they work with them on their own forms. A parent could share the name of the attorney holding their will, as well as their phone number. It is advisable to inform the young adult about the personal representative or executor named in the Last Will and who they should contact if something happens to the parent.

Florida residents can always reach out to an experienced attorney for affordable legal advice about the different documents they and their child or children might consider setting up as their child turns eighteen.

The foregoing contains general legal information and does not contain legal advice. The law is complex and changes often. For proper legal advice regarding one’s own circumstances, please contact an experienced lawyer.

The foregoing is a brief and general overview of the topic.

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.