A Power of Attorney is a powerful legal document or instrument which delegates in writing authority from one individual to another. The creator of the power of attorney, also known as the “Principal,” grants the right to act on their behalf to an “Agent.”  A Power of Attorney can be specifically prepared to expand or restrict delegated enumerated powers based on the wishes of the subject Principal. The benefit of having a Power of Attorney is that it can be used to avoid the need for a court supervised Guardianship should the Principal become incapacitated and no longer have the ability to manage their own financial affairs and property management as well as medical decisions.
   
One of the most common questions encountered is, “when does the Power of Attorney actually takes effect”?  In the past, Florida allowed for the execution of what was referred to as a “springing” Power of Attorney. The term springing refers to the fact that an Agent is only permitted to act upon the satisfaction of a condition. For example, a springing Power of Attorney could be conditioned to only become effective upon written confirmation that the Principal was incapacitated. This type had a notable feature in that it allowed individuals to give a Power of Attorney to a relative without having to worry about them accessing a bank account or transferring property while the Principal still maintained full capacity. Unfortunately, changes in Florida law resulted in the abolition of springing Powers of Attorney. Currently, when a person executes a Power of Attorney the Agent is immediately granted the power to act regardless of whether or not incapacity exists.

Consequently, since Agents have immediate authority to act, the Principal grant the power to only a person they trust completely! Further, discussions should be had with the prospective Agent so they understand the Principal’s wishes as to how their affairs should be handled or managed. Any additional questions should be directed to an experienced estate planning attorney.

Preparing a Durable Power of Attorney for financial matters and a Healthcare for medical decisions are part of a responsible estate plan.

Now, what is the level of capacity that is needed to create a Last Will & Testament?  The person making the Last Will & Testament (Last Will) must has sufficient capacity to comprehend:

• the nature and extent of his or her property (i.e., what are the assets and their relative size);
• his or her relationship to the persons who were, or should, be the natural objects of his or her estate; and
• a general understanding of the effects/process of the Last Will.

Florida courts have said that the person making the Last Will must have sufficient active memory to collect in their mind, without prompting, the particulars or elements of the business to be transacted, and to hold details in their mind for a sufficient length of time to perceive at least their obvious relationships to each other, and be able to form some rational judgment regarding them. A testator/testatrix (maker of the Last Will) who has sufficient mental power to do the foregoing is, within the meaning and intent of the Statute of Wills, a person of sound mind and memory, and is competent to dispose of their estate by a Last Will.

The foregoing can also extend to a Revocable Living Trust. With the above test, a person must know what their assets are and the people to whom they would most likely want to leave those assets. And, just as important, the individual should understand the effects of their Last Will or Trust. Practically speaking, creating a Revocable Living Trust may be more complicated than creating a Last Will, so it may be argued that the capacity to create a Trust is a higher standard than that of creating a Last Will. 

Again, there are other legal standards of capacity. After testamentary capacity, there are generally three (3) other areas of capacity in the Estate Planning and Elder Law area:

• capacity for Guardianship purposes;
• capacity to create a Durable Power of Attorney (financial matters);
• capacity to make one’s own Healthcare/medical decisions.

Some Florida families become extremely concerned when their loved one is having health issues and may be at the end of their life. However, if a loved one dies without a Last Will, their assets will  go to their family under Florida state laws of Intestacy or next of kin.

If it is uncertain whether a person has capacity to create a Last Will, an experienced attorney may be needed to assist in documenting the individual’s capacity to make a Last Will. At times, a physician is used to write a letter or report as to capacity, if the attorney is still unsure.

Finally,  under section 732.501, Florida Statutes, “Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will.” Further, a Power of Attorney can be signed in Florida any time someone has the required capacity, i.e., so long as the individual signing the Power of Attorney is over 18 years of age, understands the powers they are delegating, knows to whom they are entrusting the said powers and how delegating that power can affect the property or person subject to the Power of Attorney, they then have the capacity needed to sign the subject Power of Attorney.

Even when there are times when the same individual may not have the capacity as described herein,

there are times when a person can make their own decisions. These are referred to as “lucid moments.” During a lucid moment, as long as the person comprehends the powers they are delegating, to whom they are delegating them, and how delegating those powers can affect their property or person, they may be able to sign a Power of Attorney or a Last Will if they are capable of understanding the significance and effect of executing a Last Will and the extent of their property and to whom they are distributing their assets after death.

Pursuant to Florida case law, whether or not a maker or creator of a Last Will, Trust, Durable Power of Attorney or Healthcare was of sound mind or had the capacity is determined at the time the subject document or instrument was executed.

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.

Florida has a growing number of lawful gun owners. These firearms may include antiques, rifles for hunting, and handguns for personal protection. While these owners may be careful to ensure they have the correct registration, license and storage during their lifetime, their firearms raise questions when they die. When acting as the Personal Representative (PR) for that person’s estate during probate administration, then it is up to the said PR to ensure these items are handled carefully and within the law.

The following is a general overview of the subject. Specific cases should be discussed with an Estate Planning Attorney experienced with the state & federal laws regarding firearms.

A Personal Representative (in some states-Executor) in charge of a decedent’s estate may not be able to simply give a beneficiary a firearm as stated in the deceased’s Last Will & Testament. There are situations in which the heir’s or beneficiary’s possession of the gun may be illegal, e.g., if they are a convicted felon. The same can be said for the Personal Representative’s (PR) possession of the firearms. The PR is not exempt from the law because they are acting on behalf of an estate. If the PR is not entitled to possess a gun, they should promptly contact an attorney about ensuring the firearms are stored in a lawful place during the probate process.

As a Personal Representative, carefully review the decedent’s estate planning documents, including whether they have a Gun Trust, and speak with a probate attorney experienced with Firearms law before doing anything with the decedent’s firearms. Numerous federal and state laws regulate the sale or transfer of firearms, making the gifting process complicated. If the PR transfers a gun improperly or to an unlawful owner, the said PR could violate the law. Also, if the decedent did not plan for how their guns were to be handled, the PR will need to know how to dispose of them.

If the weapon or an accessory is covered by the National firearms Act (NFA), then the PR must follow all federal rules regarding its transfer and ensure the proper taxes are paid on the transfer, if applicable. These are also known as Title II weapons and include machine guns, sawed-off shotguns, and other destructive devices like grenades. Common accessories like silencers are also regulated by the NFA.

All owners must properly register NFA weapons with the federal government. When an owner wishes to transfer a weapon to someone else, the transfer of registration must be approved. This scenario is true for a sale during the owner’s life or distributing it after death. As the PR, one will need to obtain the correct Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) form to ensure all rules are followed in applying for the transfer. One would also have to check the current status of the law to see if a chief law enforcement officer needs to sign off on an application to transfer registration.

This complicated procedure is why individuals often create Gun Trusts, which owns the firearms and enables multiple people to possess and use them. Additionally, firearms or guns held in trust can continue to be owned by the trust and possession can simply move to the beneficiary after the original possessor’s death. One would not have to go through the formal transfer procedure required by law or pay taxes on the transfer. If the decedent had a Gun Trust, contact an attorney experienced in this area about ensuring its proper administration and that the law is obeyed.

If the decedent owned a firearm not regulated by the NFA, then the transfer to a beneficiary will be easier. A PR should ensure that the beneficiary is at least 18 years old, has obtained any necessary license, and is not prohibited from owning firearms under the law. A PR should also ensure that the transfer is properly recorded. Florida does not require owners to register their firearms or obtain a license for certain handguns, rifles, or shotguns, therefore one may be able to transfer these to a beneficiary more easily.

The laws surrounding firearms are vast and complex.

A Florida Gun Trust is a revocable trust that owns certain firearms subject to federal regulation. The Gun Trust is an alternative to individual ownership of the firearm. All qualified Trustees may share the use and possession of the firearm. Privacy is achieved since the trust may add or remove Trustees who can use the firearm without public disclosure.

When using a Gun Trust, the firearm is owned by the trust itself, not an individual person. With a revocable gun trust, the names of the Trustees and beneficiaries can be changed during the grantor’s lifetime. A Gun Trust can also be called an NFA Trust, Class 3 Trust, Firearms Trust, or Title II Trust.

Generally, a Gun Trust allows multiple qualified users to share use of a Title II firearm. Gun trusts make it easier to avoid criminal liability in owning, sharing, and using a Title II gun; and upon the death or incapacity of the Trust grantor, a Florida Gun Trust allows private inheritance of the gun without probate or potential criminal liability.

The National Firearms Act (NFA) regulates the possession and use of firearms. Title I of the Act pertains to ordinary pistols, rifles, and revolvers. Most firearms in the U.S. are Title I firearms.

Florida law allows ownership of Title I firearms. The NFA does not require reporting the ownership or transfer of Title I firearms to the federal government.

Title II firearms include more advanced weapons, such as machine guns, silencers, suppressors, short barrel shotguns, and other destructive devices (Molotov cocktails, bazookas, etc.). Federal and state laws impose significant regulation of Title II firearms, and transferring these weapons requires filing documents with the government.

The federal government changed the rules for transferring Title II firearms in 2016. An individual transferring a Title II firearm must file an ATF Form 4 with the government and pay a $200 transfer fee. Form 4 includes a photograph of the applicant and FBI fingerprint cards. Notice of the application must be given to the chief law enforcement official (CLEO) in the county where the applicant resides.

Again, Title II firearms may not be owned by “prohibited persons.” A prohibited person includes any individual who has been convicted of a crime punishable by one year or longer, individuals diagnosed with a mental defect, an undocumented immigrant, a person convicted of domestic violence, or a person who uses marijuana (despite the legality of marijuana in a number of states). This rule applies to individuals and to Trustees of a Trust.

Federal law makes it illegal for anyone other than a registered owner who is not a prohibited person to have access to or possess a Title II firearm. Violation of the law does not require unauthorized use or possession, and mere dominion and control over the firearm by an unauthorized person is a felony. Violation of this rule is punishable by up to a 10-year prison term and $250,000 in fines.

Consequently, without a Gun Trust, an individual Title II gun owner who shares their firearm with a friend or family member who is not a registered owner of the firearm or who themselves are a prohibited person risks criminal prosecution.

It is important to note that it may not matter for criminal liability purposes if an unauthorized person did not intend to possess or use a Title II firearm.

A Florida Gun Trust may legally purchase and own a Title II firearm. An individual party to a Trust who has the authority to manage the Trust’s firearms is referred to under federal law as the “responsible person.” Typically, the Settlor or Grantor (creator of said Trust) and Trustees are the responsible persons. A Gun Trust provides quite a few benefits over individual ownership of Title II firearms as follows:

• Sharing the Use of Firearms. Multiple individuals may not co-own or share a Title II weapon. Multiple Trustees of a Gun Trust, however, may share the same weapon if the Trustees are not prohibited persons. Title II firearms may be used by any qualified Trustee of a trust. A Grantor may add or remove Trustees over time. All Trustees must not be prohibited persons, and Trustees cannot transfer firearm possession out of the trust without complying with applicable state and federal regulations.
• Avoiding Criminal Liability. In the case of individual firearm ownership, the mere access to the firearm by a friend or family member may be a felony. Including the same friends or family members in the trust avoids criminal liability traps.
• Privacy. A Florida Gun Trust is a private document. The trusts are not registered with the state, and the general public cannot access the trust agreement online. Upon the death of the Trust Grantor, the Gun Trust will not be filed or recorded.
• Control After Death or Incapacity. In the case of individual firearm ownership, the death of the registered owner may cause the firearm to be an asset in a public probate proceeding. Probate administration may result in the transfer of the Class II firearm to a minor, a prohibited person, or other unauthorized owner. Such transfer could result in government confiscation or a criminal violation of the NFA. On the other hand, if the Grantor of a Gun Trust is incapacitated or dies, the firearm remains a trust asset so that no transfer of title is required. Trust firearms are not involved in the decedent’s probate proceedings. The NFA does not consider the inheritance of a firearm by a trust beneficiary to be a regulated transfer. The successor beneficiaries of the trust do not have to file an ATF form, pay a transfer fee, or report to the local CLEO. The remaining Trustees, or beneficiaries added as Trustees after the Grantor’s death, may still legally use, and control the firearm.

While a Florida Gun Trust is also a revocable living trust, the Gun Trust has special provisions to comply with the NFA regulations. A properly drafted Gun Trust should include at least the following provisions:

1. A Gun Trust should not leave firearms to just any individual. The Trust should leave weapons only to adult beneficiaries who may legally own the weapon in the beneficiary’s state of residence and who are not prohibited persons according to the NFA.
2. The Trust document should define “prohibited persons” and ensure that successor or additional Trustees are not prohibited persons.
3. The original Grantor and Trustee of the trust should consider that successors Trustees may not be knowledgeable about NFA rules. The Trust document should explain to a successor Trustee the guidelines for their exercise of discretion in the handling and conveyance of Title II Trust firearms.
4. Arrangements should be made for termination of the Trust and the distribution to responsible and lawfully qualified successor beneficiaries.
5. The power to amend or revoke the Trust must be restricted so that proposed amendments will not result in a violation of state or federal firearm laws.
6. The Trust should explain the duties of the Trustee to repair and maintain firearms and give Trustees powers to store and use firearms.
7. The Trust must include typical living trust provisions regarding property other than firearms, including cash, that the Settlor may contribute to the Trust or obtain from the sale of Trust firearms.
8. Consider appointment of a Trust protector to, among other things, replace Trustees when appropriate, modify the Trust to comply with changing firearm laws, move the Trust to another jurisdiction, or resolve disputes among beneficiaries and Trustees without having to engage in formal mediation or litigation.

People cannot buy a firearm and then transfer the firearm to a Gun Trust without filing an ATF Form 4. The best practice is for the gun owner (the Trust Grantor/Settlor) to first create the Gun Trust Agreement. Next, the initial Trustee should open a Trust bank account, and the Grantor should contribute enough money to the Trust to purchase the firearm. Thereafter, the Trustee can purchase the firearm in the name of the said Trust.

The responsible person should then file an ATF Form 4 application. Each responsible person in the Trust Agreement (usually the Grantor and all Trustees) needs to complete his own ATF Form 23 as an individual.

A few internet websites sell allegedly standard Gun Trust forms cheaply. The customer merely fills in some blanks to generate forms to be submitted to the government. Saving money may not be the best choice when an innocent error or misunderstanding of website instructions could result in criminal liability and confiscation of the firearm.

As an example, a Gun Trust must comply with Florida Trust statutes. An online trust that does not meet all requirements of Florida Trust Law may be invalid. Some online trust forms do not limit possession of the trust’s firearms meaning that control and access may be inadvertently given to a prohibited person resulting in criminal liability. Also, the person using a standardized online form may pay for the firearm with his own personal funds rather than first opening a Trust checking account. This direct purchase would be improper and illegal.

Finally, the Florida Supreme Court has held that it is the unauthorized practice of law for a non-lawyer to draft a living trust. A Gun Trust is a specialized type of living trust. An internet site that drafts a Gun Trust for a Florida resident may be engaged in the unauthorized practice of law in Florida. If a Florida attorney sponsors it, then it may be a different story.

Florida law does not require Gun Trusts. However, without a Gun Trust, the use and access to Title II firearms are strictly regulated and restricted to the individual owner.

Finally, the National Firearms Act allows a Title II weapon to be owned by either an individual or another legal entity, including a Trust.

A Gun Trust may own any type of firearm, whether or not subject to NFA Title II rules. It may be recommended to have a separate Trust for Title II firearms so that a technical NFA violation causing a forfeiture would not affect Title I firearms, which may be owned individually or in a separate Trust.

 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 Fourth of July has not always been a holiday. Independence Day celebrations did not become commonplace until after the War of 1812. July 4th did not become a federal holiday until 1870. Each year, Americans observe the nation’s birthday on the 4^th of July, i.e., Independence Day.

The Fourth of July celebrates the passage of the Declaration of Independence by the Second Continental Congress on July 4, 1776. The Declaration announced the political separation of the thirteen (13) North American colonies from the Kingdom of Great Britain.

Although Independence Day has been celebrated for most of the nation’s history, it did not become an official holiday until 1870.

In 1938, the U. S. Congress passed a law that guaranteed paid time off for holidays, including Independence Day. It would be equivalent to the pay of a regular working day. Federal holidays in the United States are calendar dates that are designated by the U.S. government as holidays. On U.S. federal holidays, non-essential federal government offices are closed, and federal government employees are paid for the particular holiday. There are a total of eleven (11) federal holidays.

Foundingfather and President John Adams refused to celebrate July 4th as Independence Day. The nation recognizes July 4 as the date to celebrate since the Declaration of Independence was adopted on that date. However, the actual vote for independence occurred on July 2, 1776.

In the United Kingdom and some other countries, the Revolutionary War is called the American War of Independence.

The tradition of fireworks on the 4th of July came from the 1777 celebration in Philadelphia, Pennsylvania. A ship fired a 13-gun salute to honor the thirteen (13) colonies, and the Sons of Liberty set off fireworks over Boston Common.

Every 4th of July, the Liberty Bell in Philadelphia is tapped, and not actually rung, thirteen (13) times in honor of the original colonies. The White House did not hold their first 4th of July party until 1801. The stars on the original American flag were in a circle wherein all the Colonies would appear equal.

The Declaration of Independence, which officially broke all political ties between the American colonies and Great Britain, set forth the ideas and principles behind a just and fair government, and the Constitution outlined how this government would function. The Constitution was written and signed in 1787. Thereafter, in 1789, the first Congress of the United States adopted ten (10) amendments to the U.S. Constitution, i.e., the Bill of Rights and sent them to the states for ratification.

Unlike the other founding documents, the Declaration of Independence is not legally binding, but it is powerful, nonetheless. President Abraham Lincoln called it “a rebuke and a stumbling-block to tyranny and oppression.” History and media show that it continues to inspire people around the world to fight for freedom and equality.

According to historical accounts, the Second Continental Congress, assembled in Philadelphia, formally adopted Richard Henry Lee’s resolution for independence from Great Britain. The vote was unanimous, with only New York abstaining. The colony of New York never voted on the issue of independence, or any other issue, for that matter. The reason for this: the state of New York never sent its delegation any explicit instructions of what to do. Without any instructions, its delegate Morris was forced to abstain from voting.

Thomas Jefferson wrote the Declaration of Independence, but that is not his handwriting on the vellum page above John Hancock’s signature and fifty-five others. The neat, elegant script of the Declaration belongs to Timothy Matlack, a brewer and beer bottler from Pennsylvania.

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

An inalienable right, said Richard Foltin of the Freedom Forum Institute, is “a right that can’t be restrained or repealed by human laws.” Sometimes called natural rights, inalienable rights “flow from our nature as free people.”

It also posited that all men are created equal and that individuals have a civic duty to defend these rights for themselves and others.

Again, on July 4th, the Continental Congress formally adopted the Declaration of Independence, which had been written primarily by Jefferson. Although the vote for actual independence took place on July 2nd, from then on, the fourth (4^th) became the day that was celebrated as the birth of American independence.

On August 2, 1776, roughly a month after the Continental Congress approved the Declaration of Independence, an “engrossed” version was signed at the Pennsylvania State House (now Independence Hall) in Philadelphia by most of the congressional delegates (engrossing is rendering an official document in a large clear hand). Not all the delegates were present on August 2. Eventually, fifty-six of them signed the document. Two (2) delegates, John Dickinson and Robert R. Livingston, never signed. Only John Hancock actually signed the Declaration of Independence on July 4, 1776.

Since 1952, the original parchment document of the Declaration of Independence has resided in the National Archives exhibition hall in Washington, D.C., along with the Constitution and the Bill of Rights. Before then it had a number of homes and protectors, including the State Department and the Library of Congress. For a portion of World War II it was kept in the Bullion Depository at Fort Knox, Kentucky.

It must be noted that there is a visible message on the back of the document, which reads, “Original Declaration of Independence dated 4th July 1776.” 

To safeguard the original record copies of the Declaration of Independence, the U.S. Constitution and the Bill of Rights, the National Archives decided to ban all photography in the Rotunda, where the historical documents are displayed.

This Declaration has also inspired revolutionary movements outside the United States. It encouraged Antonio de Nariño and Francisco de Miranda to strive toward overthrowing the Spanish empire in South America, and it was quoted by the marquis de Mirabeau during the French Revolution.

Ultimately, the Declaration of Independence endures as a great historical landmark in that it contained the first formal assertion by a people of their right to a government of their own choice.

If you have any questions about the forgoing article, or have any legal questions or concerns, please contact the attorneys at the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Historically, the age of majority (becoming an adult) was set at twenty-one (21) in most states. However, after the 1971 ratification of the 26th Amendment to the U.S. Constitution giving eighteen (18) year olds the right to vote in federal elections, most states, and later all states, lowered their age of majority to eighteen (18) – (FC § 6502; 52 USC § 10701).

At age eighteen (18), a person has reached an important milestone. They are now adults in the eyes of the law. An individual can rent their own apartment, take charge of their finances and even buy a car on their own, all without a parent’s consent or assistance. Said newly minted adult can now enter into legal contracts and vote in elections.

When a child turns eighteen, he or she legally becomes an adult, and as the parent of that adult, the parent no longer has authority over that child’s medical, financial, or educational information.

The truth is, no matter how old the child, a parent still has the right to make and enforce the rules of their own home. An eighteen year old must follow the rules just as much as their much younger sibling. Of course, as children get older and mature, they can earn more privileges and have more responsibilities.

In addition to the emotional aspects, both parent and adult child will come face to face with certain legal realities. Specifically, the rights as a parent diminish when their child turns eighteen, including the right to know anything about their finances, medical condition, or even school records. Durable Powers of Attorney (both medical and financial) executed by the said “child” can provide authorization for the parent to access accounts, records and make decisions if the child becomes disabled or incapacitated.

For example, when a child turns eighteen, the funds in their account become available but only to the said adult child and parents will be unable to access the money without a Power of Attorney. Parents may overlook the basic documents needed to ensure their continued involvement in their children’s affairs after their child turns eighteen. Further, if a medical issue arises, parents can be involved in the decision-making process with these documents (i.e., Healthcare). A streamlined way to get the subject documents needed with the least amount of aggravation and at a reasonable cost is to consult with an attorney ahead of time versus needing a time-consuming and expensive legal proceeding called a Guardianship after the fact.

Turning eighteen is a significant highlight as one’s child steps into his or her adulthood. The 18th birthday milestone carries many great privileges as well as serious legal responsibilities and potential consequences. When a child turns eighteen, they will become an adult in the eyes of the law. Said child will gain all the rights and responsibilities of an adult, except for the legal consumption of alcohol. Once eighteen, said child will have the right to be independent from the control of their parents, and parents no longer have to support them. A significant difference in one’s child turning eighteen is that said child will no longer be entitled to the protection of the juvenile court system. At age 18, the “adult” child will be criminally charged as an adult for even minor offenses. Parents are no longer required to accompany their children as well. Often, parents do not know their child has been charged and are left out of the decision-making process. Once the child turns eighteen, or goes away for college, discuss with children about their legal rights and what to do if they need legal assistance.

A child’s age may have caught up with their attitude that they are independent adults, and then parents may wonder what obligations they still have regarding their children now that they are eighteen. The answer, according to the law, is zero! They are essentially on their own.

Again, the milestone also carries severe legal implications for the parents as well. Unless one’s child formally agrees, certain information will be withheld from parents. Examples are banking and credit information, grades, and medical records. Parents’ access to medical information about their now adult child will be limited by HIPAA privacy rules, irrespective of the said child still being on their family’s medical insurance policy. Also, if the now adult child has his or her own bank account and the parent’s name is not on the account, the parent will no longer be able to access the account or bank information, even in emergencies. Said child will not need their parent’s consent or formal driver’s training to obtain their driver’s license. They will be personally responsible for their own driving tickets and accidents, as well as the mandatory obligation to have proof of auto insurance.

A child can get married, decide their own medical treatment, make a Last Will & Testament, vote in elections, sue and/or be sued, and enter into their own contracts such as getting a loan, buying a car, or renting an apartment. If entering into an apartment contract, remind the son or daughter that it is advisable to purchase renter’s insurance to cover their possessions and any liability on the premises. Let a child know that if they do not pay their rent on time, the landlord can give them three days’ (3) notice or other applicable notices before seeking a court to evict them. Also, share with them that landlords must provide “fit and habitable” living conditions and to reach out to a local building inspector if the landlord allows conditions to become unbearable, and they cannot live in the apartment. Explain to adult children that, although written contracts protect against dishonesty and poor memory, they should be careful to review the entire contract, since the language may be confusing and favor the other party. Remind adult children not to sign a contract until they are sure they understand it. If they do not keep their part of the bargain, they can get sued. An adult son or daughter can also get sued for not paying their credit card charges. Make sure they understand the interest rates, payment amount, due dates, and service charges before signing loan papers. Turning eighteen means an adult child is also responsible for serving on a jury if called, paying taxes on any earnings, facing any lawsuits or criminal charges as an adult, and if they are a male, registering for the military draft.

While an adult child is attending college, it is important to remind them of possible legal consequences for their behavior. An individual may be considered “disturbing the peace” if engaged in rowdy behavior, fighting, playing loud music, or creating unreasonably loud noise. Also keep in mind, hazing is any method of initiation into a fraternity, sorority or other student organization which is likely to cause physical harm or personal degradation. It is a crime punishable up to a substantial monetary fine and possible jail time. Remind them that even on a college campus where other underaged adults might be doing it, it is a crime to alter any driver’s license or use someone else’s in any way for identification, including buying alcohol or trying to enter a bar. If one’s child is convicted of any drug or alcohol related offense and is under twenty-one (21) years of age, his or her license can be suspended for a period of time, in addition to any monetary or other penalty imposed for the conviction.

In summary, keep the lines of communication open with children. Even though a child may be legally an “adult”, he or she can still need and get guidance from their parents. If the reader has any questions about this article or has any legal issues or concerns, please contact the law office of CASERTA & SPIRITI at 305-463-8808(o) or email at info@csgfirm.com . 

Father’s Day, in the United States, is a holiday which now is celebrated on third Sunday in June to honor fathers. Credit for originating the holiday is customarily given to Sonora Smart Dodd of Spokane, Washington, whose father, a Civil War veteran, raised her and her five siblings after their mother died in childbirth.

Even though some form of a Father’s Day has been around for decades, it did not become a nationally recognized holiday in the United States until 1972, when President Richard Nixon signed Joint Resolution 187 into law.

The day recognizes the role of fathers in the family, which is an ancient tradition. Historians have mentioned a Southern European tradition dating back to 1508.

Father’s Day which is celebrated the third Sunday of June, usually falls on a day in which the ancient pagans honored their most powerful god, the Sun.

The first known Father’s Day service occurred in Fairmont, West Virginia, on July 5, 1908, after hundreds of men died in the worst mining accident in U.S. history.

Grace Golden Clayton, the daughter of a dedicated minister, proposed a service to honor all fathers, especially those who had died in the tragic event. However, the observance did not become an annual event, and it was not promoted. In fact, very few people outside of the local area knew about it.

In 1909, Sonora Smart Dodd of Spokane, Washington, was inspired by Anna Jarvis and her effort to promote Mother’s Day. Her father, William Jackson Smart, a farmer, and Civil War veteran, was also a single parent who raised Sonora and her five brothers alone, after his wife Ellen died giving birth to their youngest child in 1898. While attending a Mother’s Day church service in 1909, Ms. Dodd, then envisioned the idea for a day to honor fathers.

Within a few months, Ms. Dodd had convinced the Spokane Ministerial Association and the YMCA to set aside a Sunday in June to celebrate fathers. Religious leaders and the local YMCA signed a petition started by Dodd to create a day honoring fathers. Finally, on June 19, 1910, Spokane’s mayor and Washington state’s governor signed proclamations to celebrate the first Father’s Day.

On that day, the first Father’s Day events began. Ms. Dodd delivered presents to handicapped fathers, boys from the YMCA decorated their lapels with fresh-cut roses (red for living fathers, white for the deceased), and the city’s priests, pastors and ministers devoted their homilies to fatherhood.

The widely publicized events in Spokane struck a chord which reached Washington, D.C., and the celebration placed the idea on the path to becoming a national holiday. However, the holiday did not take root immediately perhaps due to its perceived parallels with Mother’s Day.

In 1916, President Woodrow Wilson and his family personally observed the day. Eight years later, President Calvin Coolidge signed a resolution in favor of Father’s Day “to establish more intimate relations between fathers and their children and to impress upon fathers the full measure of their obligations.”  During the Great Depression, with so many people pinching their pennies, the economy needed reasons for people to spend their limited funds. Father’s Day was promoted by struggling stores and businesses as an occasion to get fathers some of the necessities, such as clothing and other material goods they needed that dad would probably not buy for himself. Later, during World War II, men were on the front lines fighting to defend their country. The desire to support American troops and the war effort provided another reason to support and show appreciation for dads. Thereafter, in 1966, President Lyndon Johnson signed an executive order declaring that the holiday be celebrated on the third Sunday in June. Ultimately, under President Richard Nixon, in 1972, Congress passed an act officially making Father’s Day a national holiday. Six years later, Sonora Dodd died at age 96 having realized her dream of honoring all fathers in the United States.  If you have any questions about the forgoing article, or have any legal questions or concerns, please contact the attorneys at the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.