PETS AND ESTATE PLANNING

If you have pets, there is good reason to be concerned about what happens to them after you pass away. For some of us, our pets are like family. Many times after an owner dies, the personal representative and/or heirs will surrender the pets to a local animal shelter. Sadly, many of our pets are not able to find new ‘forever’ homes.

So what can you do to ensure your pets are cared for?

Select Care Takers

Start by determining who will care for your pet if something happens to you. This could be a spouse, a child, another relative or a friend. Discuss your wishes with your chosen caretaker. Make certain they agree to assume responsibility for your pet. If no one in your life fits the bill, consider a local or national charitable or humane organization.

Determine the Yearly Cost to maintain and care for your Pet(s)

Include language in your Last Will and Testament

Again, you cannot use your will to leave money or property to your pet. If you try, that money or property will be included in your residuary estate,

In addition to providing the name and address of a trustee and successor trustee, a caregiver and successor caregiver (all of whom can be corporations and/or individuals) you will be asked to provide enough information to:

• Adequately identify your pets in order to prevent fraud, such as through photos, microchips, DNA samples, or alternatively, by describing your pet as a “class”—in other words, as “the pet(s) owned by you at the time of your illness/death;

• Describe in detail your pet’s standard of living and care;

• Require regular inspections of your pet(s) by the trustee;

• Determine the amount of funds needed to adequately cover the expenses for your pet’s care (generally, this amount cannot exceed what may reasonably be required given your pet’s standard of living) and specify how the funds should be distributed to the caregiver;

• Determine the amount of funds needed to adequately cover the expenses of administering the pet trust;

• Designate a remainder beneficiary in the event the funds in the pet trust are not exhausted;

• Provide instructions for the final disposition of your pet (for example, via burial or cremation).

Have questions or concerns about your estate planning? Contact us to discuss further:

E.M. Curran Legal LLC

10 Tower Office Park
Suite 314
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

WHEN IS IT A GOOD TIME TO START YOUR ESTATE PLANNING?

There is no guarantee from one day to another. Things happen that we do not expect and/or did not plan for.  No one can predict where they will be financially, medically, and/or socially in two years or two months.   

So, when is the right time to start your estate planning? As soon as you can. Why? The documents that make up your estate plan must be done while you are alive and have the legal capacity to execute them. If you are incapacitated for any reason and do not have any valid estate planning documents; your decisions will be made either by your next or kin or in some situations by a person selected by a Court.

What should be in your estate plan?

Most estate plans include a Health Care Proxy – this allows another person to make your health care and end of life decisions if you are unable to do so for yourself. Some people have very strong feelings and beliefs about being kept alive by a machine when there is no hope for them to return to their ‘normal’ life.

Most estate plans include a Power of Attorney – this allows another person to step in your shoes and handle your financial matters while you are incapacitated. They would be able to pay the mortgage payments, the light bills and school expenses so there is no interruption, which could cause more headaches for you and your family.

Most estate plans include a Last Will and Testament – this document goes into effect after your death. This allows you and not the state to decide who gets what and how much. This document makes sure that your wishes are fulfilled and that you are able to ‘take care of’ your loved ones when you are no longer present to do so. In this document you can also name people you want to take care of your minor children. You are also able to make sure that specific people do not benefit from your death if you so wish.

It is never too early to start thinking about an Estate Plan. Anyone over the age of eighteen (18) years of age who has the legal capacity to enter into a contract should consider having an estate plan.

Have questions or concerns about your estate planning? Contact us to discuss further:

E.M. Curran Legal LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549

YOU FILED A CRA. WHAT HAPPENS IN COURT NOW?

A Child Requiring Assistance (CRA) claim is a court case in which the Juvenile Court is asked to help parents and/or school officials with the supervision and/or management of a child who is at least 6 but not yet 18 years old. There are five types of CRA but below are the four most commonly filed:  

1.       Runaway: Child 6 to 18: A child between the ages of 6 and 18 who “repeatedly runs away from the home of a parent, legal guardian or custodian having custody of the child.”  

2.       Stubborn: Child 6 to 18: A child between the ages of 6 and 18 who “repeatedly refuses to obey the lawful and reasonable commands of said parent or guardian resulting in said parent’s or guardian’s inability to care for and protect said child…”

3.       Truant: Child 6 to 16: A child between the ages of 6 and 18 who “is not excused from attendance in accordance with the lawful and reasonable regulations of such child's school, has willfully failed to attend school for more than 8 school days in a quarter…” 

4.       School Offender: Child 6 to 16:  “A school district may initiate an application for assistance in said court stating that said child is not excused from attendance in accordance with the lawful and reasonable regulations of such child's school, has willfully failed to attend school for more than 8 school days in a quarter or repeatedly fails to obey the lawful and reasonable regulations of the child's school.”

If after a preliminary hearing the Court decides the child requires assistance, the case will be scheduled for future court hearings. Below is an overview of the most frequently used types of hearings in a CRA case:

What happens at a Fact-Finding Hearing?

At the Fact-Finding Hearing, each party has a right to be heard and has the right to have a trial in front of a different judge who conducted the preliminary hearing. [Although this requirement is stated in the statute, this does not always happen. You could have the same judge from the initial filing to the disposition.]  The applicant, whether it be a parent or a school official, who filed the application must present evidence that shows to the judge, beyond a reasonable doubt, that the child requires assistance. If the judge finds that the child requires assistance, the court will schedule a case conference and disposition hearing.

What happens at a case conference?

The case conference allows the parties and any third-party collaterals (i.e. probation officer, representative from child’s school, clinicians, Department of Children and Families (DCF) if involved with the family, etc.) to collaborate and agree on plan for the child. The parties should be cautioned to only agree to tasks that they will follow through with. If a party agrees to do a task at the case conference that they have no intention of following through with, when the court gets a report on the progress of the plan it will be reported as a failure.

What happens at disposition?

At disposition the judge will order the child: to remain at home (and may impose conditions for the child to stay at home); into the custody of a relative or other appropriate adult; or into the custody of DCF (and may also order that DCF place the child out of the home).

Once the court places the child in DCF custody, DCF decides where to place the child. The disposition is first reviewed by the court after 120 days. At that review (or between reviews), the case can be dismissed, the court can change the custody order or conditions, or the case can continue with the same orders in place. There are three more reviews that happen after the first every 90 days.

Have questions or concerns about your child? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

NEW NAME SAME FIRM

WHAT IS A CHILD REQUIRING ASSISTANCE (CRA) CLAIM?

What is a CRA?

A Child Requiring Assistance (CRA) claim is a court case in which the Juvenile Court is asked to help parents and/or school officials with the supervision and/or management of a child who is at least 6 but not yet 18 years old.

There are five types of Child Requiring Assistance that can be filed with the Juvenile Court:

1.      “Runaway” - repeatedly runs away from home of the parent, legal guardian or custodian;

 2.      “Stubborn Child” – repeatedly fails to obey the lawful and reasonable rules of a parent, which interferes with the parent/guardian/custodian’s ability to adequately care for and protect the child;

 3.      “School Offender” – repeatedly fails to obey lawful and reasonable school regulations;

 4.      “Truant” – willfully fails to attend school for more than 8 school days in a quarter; and

 5.      “Sexually exploited” -- and has been subjected to sexual exploitation.

Who may file a CRA?

A parent, legal guardian or custodian may file a CRA petition on their child who is at least 6 but not yet 18 is a runaway or truant.

The parent or police may file a CRA petition on a child who is at least 6 but not yet 18 who is a sexually exploited child.

A school district may file a CRA petition on a child who is at least 6 but not yet 16 who is a school offender or truant.

What happens on the first court date?

Once the appropriate person files the CRA with the juvenile court, the court will assign a date for a preliminary hearing. The child and their parent(s) will be assigned an attorney through the appropriate state agency. Ideally the parties will meet with their attorney before the hearing date but sometimes this doesn’t happen and the initial meeting will on the same day as the hearing. Almost every CRA will be assigned to a probation officer and a Department of Children and Families (DCF) social worker.  

At the preliminary hearing, the court will hear from each party. After each party has had an opportunity to say their piece, the judge will dismiss the petition, order informal assistance, or schedule a “fact finding” hearing. At this hearing, the court may grant temporary to DCF.

What happens if a child does not go to the hearing or runs away?

If a child fails to come to court or runs away, the court may issue a warrant of protective custody. The warrant does not go into the police computer system. Police should bring the child to court if the child is found. If the police find the child outside of court business hours, the police should take the child home or to a shelter (if one exists). A child may not be handcuffed, taken to the police station, placed in a court lockup facility, or placed in DYS if the police pick him/her up on a warrant of protective custody.

Have questions or concerns about your child? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

SUPPORT FOR STUDENTS WITH MENTAL HEALTH ISSUES

It is normal for children and youth to experience various types of emotional distress as they develop and mature. Let’s be honest, today’s youth are dealing with a wide assortment of topics and stressors that many of us did not experience when we were there age. There is widespread cyberbullying, drug exposure, immigration issues, unstable home lives, body shaming, community violence and abuse just to name a few.

Some students are not equipped with the “tools” to effectively handle their emotions in situations. Sometimes these students will act out in school, not to get attention but to get help and guidance.  As a society we need to look more closely at these “difficult” students to figure out if there is an underlying issue or if it is typical ‘kid’ behavior. When symptoms persist, it may be time to seek professional assistance.

Here are some suggestions for Parents:

It’s okay to make mistakes.  Unfortunately, when you child is born the hospital does not send you home with a manual on how to raise them and address issues that might pop-up. Remember that you are human and you will make mistakes and its okay. Seek out parent support groups so that you can interact with other parents who are dealing with similar struggles. Keep trying until you find the thing(s) that work best for you and your child.

Conversation Matters. Let your child know that they can speak to you about anything they are thinking about without judgment. Let them know that you are there to help them with their thoughts, feelings and/or situations they are dealing with. Be sure you do not get angry or pass judgment. Really listen to what they have to say – you do not have to agree with them but they need to know you hear them. Depending on what they express to you, it may be wise to seek professional support for them.

Parental Presentation. Create a safe haven for them when they are struggling and/or in crisis. Let them know that you will give them some time and space to settle down. When you do talk to them, use a low and soft tone of voice and short statements.  Do your best to remain calm and stable during this period so that your stress does not exacerbate their feelings. Help them process by asking them questions that help them critically think about what they went through “What can you do the next time you are in a situation like this?” or “What made you feel better the last time you felt this way?”

Here are some suggestions for Teachers:

Start Fresh. Do not allow other colleagues opinions of a student cloud your judgment before you get to know the student yourself. Develop your own relationship with the student and ask them what works well for them when they are struggling.

Use your experience to guide you not to limit you. As a former teacher, I can still remember the names of the most “difficult” students that I worked with. I had to constantly remind myself that each student is different and just because Billy and Johnny have the same behaviors, it does not mean the same techniques and approaches that worked for Billy will work for Johnny.

Be Patient. Most of my “difficult” students wanted to do well in school and wanted a positive relationship with me and their peers. I disagreed with colleagues who called these students “slackers” and/or “trouble makers.” I sometimes had to remind myself that turning in a worksheet might not be high up on the student’s to do list especially if they are dealing with abuse and/or neglect at home.  I would find the good in what the student did and praised it so that they knew I was paying attention and their had work was not being overlooked.

Be supportive. Review your student’s IEP to see what suggestions are stated therein. Reach out to the school’s guidance counselor and see if there are any evidence-based programs that you could easily implement into your classroom routines. It would not only support your “difficult” child but the entire class as a whole. 

When should you seek additional support? 

• If it's an emergency in which you or someone you know is suicidal, you should immediately call the National Suicide Prevention Lifeline at 1-800-273-8255, call 911 or go to a hospital emergency room.

• If you can wait a few days, make an appointment with your primary healthcare provider or pediatrician if you think your child's condition is mild to moderate.

• If your child's symptoms are moderate to severe, make an appointment with a specialized doctor such as a psychiatrist. You may need to contact your community mental health center or primary health care provider for a referral.

Have questions or concerns about your student? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

YOUR #1 NEW YEAR'S RESOLUTION SHOULD BE GETTING YOUR ESTATE PLAN IN ORDER

So have you ever stopped to think about what will happen if you die? Now I'm talking about the philosophical argument about heaven/hell. I'm talking about what will happen to the people and things you leave behind? Being proactive and planning for your family’s future is a necessity in today’s world. If you do not take the time to plan, the state will step in and dictate what happens to your minor children and your worldly possessions. Wouldn't you rather be in control of what happens? 

In general, most estate plans will include at a minimum a combination of the following legal documents:

Will:

A will can fulfill several purposes. It nominates fiduciaries, provides the fiduciary with the authority they need to act and it disposes of probate assets. The will nominates a Personal Representative who will guide the estate through the probate process.  

Durable Power of Attorney:

A durable power of attorney is a document whereby one person, the principal, appoints another person, the agent or attorney-in-fact, to act as his or her attorney-in-fact. The person serving need not be an attorney so, to some extent, the term “attorney” is a misnomer. The attorney-in-fact, in effect, stands in the shoes of the principal and acts for him or her on financial, business, or other matters.

Health Care Proxy:

A Health Care Proxy is a legal document that allows you to name someone you know and trust to make health care decisions for you if, and only if, you are unable to make or communicate those decisions yourself.

Living Wills:

A living will sets forth the specific written instructions of the principal regarding his or her treatment preferences in various hypothetical situations. Living wills tend to focus on end-of-life situations and decisions about pursuing or terminating treatment, including life-sustaining measures.

Declaration of Homestead:

The Homestead Act allows Massachusetts homeowners to protect their home from future creditors.  The Act was updated and effective as of March 16, 2011. The updated Act allows homeowners to choose between an Automatic Homestead, which is effective without a written declaration and a written Declaration of Homestead. The amount of the Automatic Homestead protection is $125,000. When a written Declaration of Homestead is filed the exemption increases to $500,000. Both the homeowner and his/her spouse must sign the declaration form.

Contact Attorney Curran to discuss your  estate planning options: 

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

Merry Christmas!

IS YOUR CHILD FACING CONSEQUENCES FOR THEIR BEHAVIOR AT SCHOOL?

What rules do the school's need to follow? 

The Massachusetts Statute that applies depends on what the student did:

1. If the student brought drugs or weapons to school and/or assaults a member of the school staff Rule 37H applies.

2. If the student is charged with a Felony and “principal or headmaster determines that the student's continued presence in school would have a substantial detrimental effect on the general welfare of the school" then Rule 37H 1/2 applies.

3. If the student's behavior does not fall into either of the above categories then their behavior will more likely than not be classified as a "violation of the student handbook" which would mean that Rule 37H 3/4 would apply.

Suspensions and Expulsions

There is a lot of if X then Y should happen in this area. You should seek individualized advice based on your specific student's behavior as soon as possible. Here are some general points to be aware of...

• All students excluded for any length of time must be given the opportunity to make up all missed work. This includes projects, quizzes, tests, assignments etc.

• Your student is entitled to hearing before they are suspended.

• If your student is to be excluded for more than 10 school days, they are entitled to some form of educational service. This could be an alternative placement (see below), tutoring and in some districts online learning.

• A recent decision from the Department of Elementary and Secondary Education, Problem Resolution System (PRS) has reiterated the requirement that a suspended or expelled student must be provided with a minimum of two options for receipt of educational services (In re: Intake 1561).

• If the school calls you and ask you to pick up your child due to the child's behavior, ask if the child is being suspended out. If they say NO but you need to pick the child up - then they are technically suspending the child as he's not being allowed to remain in school. Whether or not you go and pick up your child is a judgment call only you can make. But this call should be documented and if it happens enough you should ask for some changes (BIP, FBA, IEP Meeting are a few suggestions).

Interim Alternative Educational Setting

A student may be unilaterally placed in an 'alternative' educational setting for up to 45 school days for the following behaviors:  bringing weapons to school, bringing drugs to school and/or causing bodily harm or injury to a person while at school or a school sponsored event. These placements can be made without the consent of the parent but at the end of the 45 school days a Team meeting will be held to discuss what options are available to the student. 

This link will bring you to a chart that highlights the Massachusetts Student Discipline Statutes and Regulations on the state's Education Department website. 

If your student is a student with a disability, they receive more protections in discipline matters.

According to the IDEA, a student with a disability is a child who receives special education services as part of an IEP. A student also may be considered to have a disability even if the school has not tested or identified the child as such. If the school "knew or should have known" of the child's disability, the student may still be protected by special education law. (We will be sharing post that focuses on the rights of student's with disabilities and discipline in a few weeks.) 

Have questions or concerns about your child's education? Contact us to discuss further:

E.M. Curran & Associates LLC

10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com

@emcurranlegal

Start the New Year off Right with a Review of your Legal Needs...

Take the time now to review your legal needs and ensure you and your family are all set for the upcoming year.

E.M. Curran & Associates LLC offers a wide range of services, including but not limited to:

1. Special Education Advocacy and Attorney Guidance 

2. CORI Record Sealing

3.  Estate Planning

4.  Real Estate support

Have questions or concerns?  Contact us to discuss further:

E.M. Curran & Associates LLC
10 Tower Office Park
Suite 406
Woburn, MA 01801
Phone: 781-933-1542
Fax: 781-933-1549
ellen@emcurranlegal.com
@emcurranlegal