News
What do you mean I can’t do that?
July 3, 2018Most parents assume that when their child–who is a senior in high school or a freshman in college– gets sick, they [the parents] can take their child to the doctor or hospital and approve medical treatment. Further, the parents may assume they want to obtain information regarding their child’s treatment. In either circumstance, the parents may be shocked or surprised to know they do not have a right to do either.
As of the age of 18, a parent no longer has the right to make decisions or obtain information regarding the child. The same actions that the parent has been doing for 18 years are suddenly prohibited under the law.
Physicians cannot give medical information to the parent without the 18-year-old “child’s” permission. Parents cannot sign documents for their 18-year-old children. One simple solution to this problem is to have your 18-year-old child sign a “power of attorney” and a “health care power of attorney” on their 18th birthday or as soon as possible thereafter. This will ensure that you can assist your “child” with their medical and financial decisions as long as the Power of Attorney remains in place. Your child can revoke the Power of Attorney as long as proper notice is given to the parent or agent. For the health and safety of your child, have a Power of Attorney prepared for their 18th birthday. The child cannot sign until their 18th birthday. Pyfer, Reese, Straub, Gray & Farhat has several attorneys that can assist you with your child’s next step into adulthood and give you peace of mind for their future.
As a reference, see generally Code Section 20 Pa CSA §5601-5604 Powers of Attorney. Specific Powers, Life-Prolonging Acts, include the ability to authorize admission to medical facility and enter into agreements for principal’s care and to consent, arrange, and authorize medical and surgical procedures including administration of drugs.
~Gerryanne P. Cauler, Esquire
Have a Personal Injury, Workers’ Compensation, Social Security or Unemployment Compensation Matter?
June 14, 2018Personal Injury
Do I Have a Case?
That’s the first question that most people ask when they suffer an injury that’s severe enough to disrupt their lives, and the answer is not always clear. Every injury and the circumstances surrounding it are different, so your best step is to call Pyfer Reese Straub Gray & Farhat for a consultation with personal injury attorney Gabriella Farhat. She will examine all the factors involved in your injury, and if she believes that your case merits legal action, she will represent you and seek just compensation for your injuries.
Attorney Farhat has successfully represented many clients,* and her mission is to protect you when you are most vulnerable. When you or a loved one is hurt on the job, on the road, from a dog bite or slip and fall or anywhere else, you need a personal injury lawyer who is dedicated to assuring that the life you and your family lead will continue as normally as possible.
As Lancaster County’s premier personal injury attorneys, Pyfer Reese Straub Gray & Farhat PC and Attorney Farhat are committed to assisting you in a critical time of need. It is not easy being the victim of negligence or recklessness that results in personal injury, but experienced legal representation by Attorney Farhat will be your assurance that everything possible will be done to bring you justice and fair financial compensation for your injuries.
*Multi-Million Dollar Advocates Forum Member (Established in 1993, the Multi-Million Dollar Advocates Forum is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements.)*
Workers’ Compensation
By law, you are financially protected when you suffer an injury at your place of work. The Commonwealth of Pennsylvania requires every employer to maintain insurance to compensate you in the event that the unexpected happens. However, many workers’ compensation insurance programs leave you with a battle of red tape. The job of our team of workers’ compensation lawyers is to cut through that red tape and to get you your rightful compensation. That is where Attorney Farhat steps in to help ensure you receive satisfactory care and fair compensation to aid in your recovery.
Social Security
Social Security pays disability benefits to you and certain members of your family if you have worked long enough and have a medical condition that has prevented you from working or is expected to prevent you from working for at least 12 months or end in death. As Lancaster, PA’s first choice for representation in Social Security disability cases Attorney Farhat will be able to facilitate and prepare the necessary claims to support your case.
Unemployment Compensation
For both employers and employees, employment law matters can be complicated and often have costly consequences. The Lancaster employment law lawyers at Pyfer Reese Straub Gray & Farhat P.C. and Attorney Farhat can provide you with skilled guidance and strong advocacy in a wide-range of employment law areas including Unemployment Compensation.
Old Credit Card Debt and the Statute of Limitations
June 7, 2018It can seem like old credit card debt never goes away and never dies. Many firms purchase old credit card debt from banks and then take action to collect whatever possible from the account holder. Typically, the collection process starts with a letter and several telephone calls. During such collection calls the account holder is invariably prevailed upon to make some sort of payment towards the account. The process can end up with legal action being filed against the account holder.
Many older credit card obligations may be uncollectible under Pennsylvania law. The Pennsylvania Statute of Limitations for credit card debt is four (4) years. This means that unless legal action is filed within four years from the date of the breach of the credit card account contract, then a court likely will dismiss any legal action due to the case having been filed too late.
As is typical with the legal system, things are not always so cut and dry. If a credit card account holder makes a payment towards the past due account, then that payment restarts the four year time period under the Statute of Limitations. The desire of the account holder to do the right thing or improve his or her credit can actually hurt his/her case.
The Statute of Limitations is what is classified by the law as an affirmative defense, which means that the defense must be raised by the Defendant in a court case, or that defense is waived. The applicability of the Statute of Limitations is just one of several issues that can impact your liability for credit card debt. If, during a collection call, a customer relations representative attempts to cajole you into making payment on an old account, then it is best to stop and consider the relevant time frames before making that payment. If legal action is filed against you, then please consult an attorney whose practice includes civil litigation.
What this means for you: If you have questions about debt collection or legal actions filed against you or potentially to be filed against you, we can help you. Make Pyfer Reese your choice. Call 717.299.7342 to schedule a consultation with Albert J. Meier.
~Albert J. Meier, Esquire
Medical Marijuana Act
May 16, 2018
The Pennsylvania Legislature recently enacted the Medical Marijuana Act, allowing patients suffering from certain serious medical conditions to obtain a prescription for medical marijuana from an approved practitioner. Patients can then physically obtain the marijuana from a licensed dispensary. By the beginning of April 2018, there were 7,000 approved medical marijuana cardholders across Pennsylvania.
Although the medical marijuana available to those who qualify is not quite the same as marijuana being sold on the streets, medical marijuana does contain varying levels of the active compound THC. THC is classified as a Schedule I controlled substance under Pennsylvania laws and Federal laws. Possessing a medical marijuana identification card allows you to possess and use medical marijuana in Pennsylvania.* However, possessing a prescription card for medical marijuana DOES NOT excuse someone from Pennsylvania’s Driving Under the Influence laws.
It is a crime in Pennsylvania for ANY individual to operate or be in actual physical control of a vehicle when there is ANY amount of a Schedule I controlled substance or metabolite of a Schedule I controlled substance, including THC, in an individual’s blood. While there are minimum levels of the controlled substance that must be present for prosecution purposes, those levels are very low, especially for those who may be taking medical marijuana on a regular basis.
Again, beware that possessing a medical marijuana card does not excuse you from abiding by the zero tolerance DUI controlled substance laws in Pennsylvania. If you are receiving medical marijuana from a licensed dispensary, think twice before getting behind the wheel. A DUI conviction comes with possible jail time, costly fines, as well as a suspension of your Pennsylvania Driver’s license and other penalties.
What this means for you: If you have questions about the Medical Marijuana Act or a DUI in general, we can help you. Make Pyfer Reese your choice – visit www.pyferreese.com or call 717.299.7342 to schedule a consultation with Attorney Heather Adams.
*Medical marijuana is still illegal to possess under the laws of our federal government.
The Pennsylvania Wiretap Act
May 8, 2018
In custody and divorce matters, it is common for attorneys to advise clients to keep detailed notes and/or diaries of conversations that may be relevant to their case. These notes and diaries are useful to review prior to a hearing or other court appearance as a way to refresh a client’s memory about the specifics of significant conversations between the client and ex-spouse or ex-partner. Of course, your notes and diary entries may not capture the emotion of the conversations, and it can often be difficult to convey through testimony the disrespectful tone or attitude of indifference expressed by the other party. I have been asked: Would it not be easier to simply record conversations with an ex-spouse or ex-partner, with the intent of introducing the recordings as evidence in custody or divorce litigation? My response: Proceed with caution.
The Pennsylvania Wiretapping and Electronic Surveillance Act (Wiretap Act) creates civil and criminal penalties for anyone who “intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic or oral communication[.]” There are also penalties for anyone who “intentionally discloses or endeavors to disclose to any other person the contents of any wire, electronic or oral communication, or evidence derived therefrom, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication[.]”
In general terms, this means that you place yourself at risk for civil and criminal penalties if you make an audio recording of your ex-spouse or ex-partner (or anyone else) when that person had a reasonable expectation of privacy at the time of your conversation and when that person does not have knowledge and does not consent to the recording. In many circumstances, the recording of cell phone conversations and the recording of conversations in the home will violate the PA Wiretap Act when the audio recordings are done without the other person’s consent. It would also be a violation of the Pennsylvania Wiretap Act to then disclose those recordings to third parties and/or the Court during custody and divorce hearings.
It is important to remember that the presentation of testimony and evidence in custody and divorce matters can be complex. It is also important to be sure that you gather evidence and prepare for litigation in an appropriate manner. If you have questions regarding custody or divorce matters, or if you have questions about the Pennsylvania Wiretap Act, please contact us at 717.299.7342 to speak with one of our attorneys. Our Firm handles both domestic and criminal matters and we have attorneys that handle each area of the law.
~Jeffrey C. Murse, Esquire
Education Law – What Parents Need to Know About Social Security for Children
April 16, 2018Children with qualifying disabilities are entitled to receive SSI (Supplemental Security Income) benefits so long as their household resources are under a limit set by the Social Security Administration.
Many people are familiar with the concept of Social Security benefits for adults, but are you aware that disability benefits are available to children as well? The Social Security Administration offers multiple benefits to students, including benefits available to students whose parent is deceased, or even college students who became disabled before age 22 and whose parent is deceased or collecting benefits. These benefits are based on the parent’s status, and do not necessarily have a limit for financial resources available to the student’s family. For today’s purposes, though, we would like to talk with you about benefits available to disabled children in low-income households.
Who qualifies as a disabled child? For Social Security purposes, a “child” is one who is under age 18 (or under age 22 and a student regularly attending school). When the child turns 18, though, the Social Security Administration will evaluate the disability according to the adult disability standards. A child may be eligible for SSI benefits as early as birth; there is no minimum age requirement. “Disability” means that the child has physical and/or mental impairment(s) which result(s) in marked and severe functional limitations and has lasted or can be expected to last for a continuous period of at least 12 months or be expected to result in death. There are special definitions for disability if a child is blind (it is the same standard as for blind adults), and there is no duration requirement for SSI blindness benefits.
Essentially, the Administration is looking to see if the child’s disability limits his or her ability to function in school and initiate and sustain activities in daily life. In most cases, the Administration looks at six “domains” to determine whether an impairment is limiting enough to meet the definition of disability. The medical and school records must demonstrate a “marked” limitation in two (2) domains or an “extreme” limitation in one (1) domain. These domains are:
1. Acquiring and using information;
2. Attending and completing tasks;
3. Interacting and relating with others;
4. Moving about and manipulating objects;
5. Caring for yourself; and,
6. Health and physical well-being.
The Social Security Administration does have a “Compassionate Allowances” list. The conditions on this list meet the standards for disability benefits and so, the evaluation process is shortened.
What income or resources does the Administration consider? Generally speaking, the Administration will look at the income of the parent(s) with whom the child lives, including stepparents. A portion of the parents’ income and resources will be considered available to the child. Deductions are made for other children living in the home, and the remaining amount is considered to determine whether the child meets the income and resource requirements.
What about medical benefits? In most states, including Pennsylvania, if a child receives SSI benefits he or she will also be eligible for Medicaid. For more information about Medicaid, you can look on the Internet on the Centers for Medicare and Medicaid Services webpage at https://www.medicaid.gov/. Children living overseas with an active duty military parent are not eligible for Medicaid, but may still receive SSI benefits.
What this means for you: At Pyfer Reese, we know that parents are fighting hard to ensure their children receive the education and benefits they deserve. We want to team with you to make sure your child receives the best benefits possible. If you have a question about your student’s entitlement to Social Security benefits, we can help. Attorney Gabriella H. Farhat is an authorized representative with the Social Security Administration, meaning they can advocate for you or your child to receive benefits.
Make Pyfer Reese your choice! Call 717.299.7342 to schedule a consultation regarding your education law and or social security needs.
The Importance of Consistently Reviewing and Updating Your Estate Plan
April 12, 2018There are three main documents that encompass an estate plan: A Will, a Power of Attorney, and a Health Care Directive or Living Will. In addition, certain situations merit creating a Trust or retitling real estate. Estate planning documents should be reviewed every few years and revised as life changes (or the law) require. Some examples of life events that may prompt a review of your estate plan include marriage, separation or divorce, birth of a child, death of a family member, acquisition or sale of significant assets, receiving an inheritance, moving into Pennsylvania from another State or Country, retirement from employment, eldercare situations, and changes to existing tax laws.
It is important to have an estate plan, even if you have limited assets. If you have minor children or a dependent adult child for whom you provide care, appointing a Guardian through your Power of Attorney to care for the children on a temporary or emergency basis in the event of an accident or illness can give you peace of mind. By naming a Guardian of minors or dependent adult children in your Will, you can be assured your loved ones will be cared for in the event of your passing.
Determining beneficiaries of assets that pass outside of a Will, such as life insurance, retirement accounts, pension, investment and brokerage accounts, also warrants careful consideration. Do not overlook updating the beneficiary forms for those assets as your life circumstances change.
In addition, despite the elimination of Estate Tax concerns for most individuals and families, Pennsylvania is one of the few states which continues to assess Inheritance Tax on asset transfers upon an individual’s passing. We can help you plan to reduce this tax obligation.
Pyfer Reese Straub Gray & Farhat PC is here to assist you in all of your estate planning needs. Our experienced attorneys* can provide you with an individualized plan pertaining to your specific situation. We can assist you in developing an estate plan for any stage of life, whether you are a single person, a newly married couple, a young family, empty-nesters, or in need of eldercare advice. Contact us today at 717.299.7342 for a convenient appointment, including home visits (if needed), to discuss the appropriate estate plan for your current life situation. *Attorneys Sandra Edwards Gray, Christopher C. Straub, John F. Pyfer, Jr. or Albert J. Meier will be happy to assist you.
Education Law – What Parents Need to Know: Guardianships
April 5, 2018Is your child unable to manage his or her own life independently? Generally speaking, when a child turns 18 they will be able to make legal, financial, and other decisions for themselves. But what happens if they lack the mental capacity or the reasoning skills necessary to make these decisions in their own best interests? A guardianship may be the answer.
In Pennsylvania, courts will grant a guardianship if an individual is “incapacitated.” This means the individual’s “ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to manage his financial resources or to meet essential requirements for his physical health and safety.” (20 Pa.C.S. § 5501) Pennsylvania law specifies that the courts should be looking for the “least restrictive” method of ensuring that an incapacitated person’s needs are met. An alternative to guardianship may be a Power of Attorney for property or healthcare, for example. If a guardianship is the least restrictive method, then the court wants to ensure that an appropriate guardian is named – someone who will genuinely be acting for the best interests of the individual.
In order to establish a guardianship, a person who is interested in the well-being of the incapacitated person must file a petition and go to a hearing. The petitioner does not need to be the person who wishes to be appointed the guardian, but it must be a person who is looking out for the welfare of the incapacitated person. (The court may dismiss the proceeding if the petition is not complete, or if the court finds that the proceeding was not truly started for the purpose of benefitting the incapacitated person.) At the hearing, the petitioner needs to establish by “clear and convincing evidence” that the individual is incapacitated and a guardian should be appointed. This evidence often includes testimony/reports from medical and/or mental health professionals.
After a hearing, if the court appoints a guardian, the court can appoint a guardian with either limited or plenary (full) guardianship, depending on the degree of incapacity. A guardian has a duty to make decisions that are in the best interests of the incapacitated person. He or she will be responsible for providing a report to the Court regarding the status (personal and/or financial) of the incapacitated person.
What this means for you: The guardianship process can be complex, with many possible pitfalls and outcomes. If you have questions about guardianship, we can help you. We are available to discuss the advantages or disadvantages that exist in your unique case and can help you obtain a guardianship. Our team of education law attorneys consists of Gabriella H. Farhat, Jeffrey C. Murse, Gerryanne P. Cauler and Lauren E. Martin.
Make Pyfer Reese your choice! Call 717.299.7342 to schedule a consultation regarding your education law needs.
Education Law – What Parents Need to Know: Bullying
March 23, 2018According to the federal government, bullying “is unwanted, aggressive behavior among school aged children that involves a real or perceived power imbalance. The behavior is repeated, or has the potential to be repeated, over time.” Bullying can occur during school hours or after, such as on the school bus or on the Internet. Bullying can take three forms: verbal, social, and physical. Any child can be bullied. Children who are perceived as being different from their peers can be at an increased risk of being bullied. A perceived difference could be physical appearance, social skills, clothing, mental health conditions, or more.
If your child or student is being bullied, this can harm his or her physical and emotional safety at school as well as the child’s ability to learn well. It is important to contact the school – including the student’s teacher, guidance counselor, principal, and/or superintendent. In severe cases, or cases where the school is not responding appropriately, it may be necessary to contact the State Department of Education. School staff should be trained in recognizing and preventing bullying, and the school should have clear policies and rules regarding bullying.
Your student’s school may need to teach students and/or staff about bullying prevention and the harms of bullying. This might involve presentations or class discussions, but it is important that the school is implementing program that is designed to be effective and clearly communicated. There are many evidence-based evaluated programs available to schools that address bullying, and often are designed for use in elementary or middle school settings. Staff training might include meetings, one-day training sessions, or a combination of options.
For more information about bullying and bullying prevention, visit https://www.stopbullying.gov/.
What this means for you: If you have questions about your student’s rights or if your student’s school is not taking adequate steps to prevent bullying or harassment, we can help you. Our team of education law attorneys, Jeffrey C. Murse, Gerryanne P. Cauler, Gabriella Hashem Farhat and Lauren E. Martin, will advocate for your student’s needs and for the proper accommodations in a school setting. We can ensure the proper individuals and entities have been notified of the bullying and can advocate for the school to implement effective anti-bullying measures.
Make Pyfer Reese your choice! Call 717.299.7342 to schedule a consultation regarding your education law needs.
Medical Marijuana
March 15, 2018Despite medical cannabis laws in 46 states, cannabis is still illegal under federal law.
The federal government regulates drugs through the Controlled Substances Act (CSA) (21 U.S.C. § 811), which does not recognize the difference between medical and recreational use of cannabis. These laws are generally applied only against persons who possess, cultivate, or distribute large quantities of cannabis.
Under federal law, cannabis is treated like every other controlled substance, such as cocaine and heroin. The federal government places every controlled substance in a schedule, in principle according to its relative potential for abuse and medicinal value. Under the CSA, cannabis is classified as a Schedule I drug, which means that the federal government views cannabis as highly addictive and having no medical value. Doctors may not “prescribe” cannabis for medical use under federal law, though they can “recommend” its use under the First Amendment.
In Pennsylvania, on April 12, 2016, Senate Bill 3 was approved by the Senate, and by the House on April 13, 2016, and was signed into law on April 17, 2016, effectively removing all state-level criminal penalties on the use and possession of medical marijuana by patients who possess a signed recommendation from an approved physician stating that medical marijuana “may mitigate” his/her debilitating medical symptoms.
Patients in Pennsylvania diagnosed with one of the following severe, debilitating, or life-threatening medical conditions, are afforded legal protection under the Pennsylvania medical marijuana law, as per Senate Bill 3— “The Pennsylvania Medical Marijuana Program”:
Cancer
HIV/AIDS
Amyotrophic lateral sclerosis (ALS)
Parkinson’s disease
Multiple sclerosis
Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity
Epilepsy
Inflammatory bowel disease (including Crohn’s Disease & Ulcerative Colitis)
Neuropathies
Huntington’s disease
Crohn’s disease
Post-traumatic stress disorder (PTSD)
Intractable seizures
Glaucoma
Sickle cell anemia
Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain in which conventional therapeutic intervention or opiate therapy is contraindicated or ineffective
Chronic Inflammatory Demyelinating Polyneuropathy
Autism
Terminally ill, where a medical prognosis of life expectancy of approximately one year or less if the illness runs its normal course
Effective August 2, 2016, ulcerative colitis has been added as a qualifying medical condition for the therapeutic use of cannabis. This is the result of the passage of HB 1453 (Chapter 173:1 of the Laws of 2016).
Therefore, a patient in Pennsylvania with a qualifying diagnosis and a prescription from a qualified physician is eligible to receive and use medical marijuana. However, the individual and his or her caregivers must be mindful of the conflict between federal and state law. If you have questions please contact one of our offices today to have your circumstances evaluated.
Please note: This post presents information only regarding medical marijuana, not legal advice. As a reminder, federal law applies throughout the United States (not just in D.C. or on federal property). Under federal law, all cannabis use is illegal; there is no differentiation for medical marijuana.
Q: Do you have any general questions about Medical Marijuana? State Law? Federal? Potential Criminal Charges?
A: Contact Attorneys Heather Adams or Chris Patterson
Q: Does your question about Medical Marijuana relate to your treatment for a Workers’ Compensation case, your Social Security case, your Personal Injury case?
A: Contact Attorneys Gabriella H. Farhat and Lauren Martin in our office.