Forever Hold Your Peace: The Advantages of Silence

January 1, 2017 – View Original Article

An admission, by its very nature, carries an enormous amount of credibility and weight, with investigators, as well as FAA attorneys, and administrative judges  in later proceedings. Admissions are as close to silver bullets as legal evidence gets because they can carry multiple elements of the offense or violation the authority needs to prove.

Matt DyerMatthew Dyer is an attorney with Furey, Donovan, Tracy & Daly, P.C. in Bristol, CT. He primarily focuses on criminal law matters and counsels members of AOPA’s Legal Services Plan on a variety of FAA Enforcement, accident, and tax matters. Matthew is also a private pilot working on his instrument rating.

It’s a pilot’s worst nightmare—a loss of control anda damaged plane. Worse, damaged people:friends, family, business associates. Adrenalinerushes, fear and guilt set in, and we turn to thenearest authority figure to re-establish orderamidst the chaos. Depending on the size, natureand damage caused in and by the accident, theseauthority figures even seek us out. And as thosekind individuals from the FAA approach, ourinstincts to speak tend to take over. But, just aswhen we are behind the yoke, our instinct can be,and often is, wrong.

49 C.F.R. 830.2 and 830.5 require reporting accidents and serious incidents to the NTSB. Reporting To the FAA in the context of manned aircraft accidents or incidents, however, is never required unless that pilot has deviated from the rules during an in-flight emergency and the FAA specifically requests a written report under 14 C.F.R. 91.3.  Certain Unmanned Aircraft Systems accidents are reportable to the FAA under § 107.9.

[View rest of article here]

Happy Holidays!

We at Furey, Donovan, Tracy & Daly, P.C. want to say thank you to you for a great year. We’re glad to have helped so many members of the community to resolve their problems, get their business started or moving in a more positive direction, prepare for the future with important legal documents such wills, real estate transactions, business planning, personal injury claims, disability claims, planning and zoning applications, and more.

We look forward to a healthy and prosperous 2018.

Happy Holidays from Furey, Donovan, Tracy & Daly, P.C.

Why Writing a Will is Important

According to polls done by nationally renowned financial journals, at least half of all adults don’t have a last will and testament. There are a few reasons for this, including the idea that making a will isn’t an urgent need or a will is simply unnecessary.

Of course, many people avoid writing a will because they don’t want to remember that they are mortal.

A will is necessary and you should write one as soon as possible. If nothing else, you can go back to ignoring death but rest assured that your wishes will be carried out.

Taking Care of the Kids

If you’re a parent of minor children, you need to write a will that defines who will raise your children should you be unable to do so. If you die intestate—with no will in place—the courts will determine who has custody of your children. A judge will evaluate information available but you are much more familiar with your friends and family. While a judge may consider that your brother already has two children and might be a good father, you may not want this option because you disagree with his methods of childrearing and would prefer your childless sister raise your children. Further there are issues beyond the age of majority which need to be considered such as creating trusts to protect young adults from making immature decisions.

Spreading Your Wealth

There are many movies in which the reading of a will is set in a plush library and the amounts distributed are thousands if not millions of dollars. You may feel that you don’t have any real money to spread around because you’re living paycheck to paycheck.

However, most people forget about assets that are easily forgotten, such as life insurance policies. Why think about money that will only appear after you’re gone from this world? If you are making premium payments, you are likely doing so to provide financial help to loved ones. If you want the money to go pay for your child’s college education, you will need to create a will to ensure that wish is carried out. Going back to our example, you may want your sister to raise your children but don’t trust her spending habits. You may want your brother to administer the estate to avoid her taking the kids on trips and buying them toys, depleting the college fund before they reach 18.

Issues for the living:

A medical power of attorney will appoint a healthcare agent so that you can choose who will act on your behalf if you cannot speak to your doctors about your own health choices. Think about your family members and how they might respond if a doctor presented them with options for treatment. Who would you trust to do what you would want done? A living will provides guidance to your loved ones and medical providers how you want them to treat you at the end of life. A Power of Attorney can empower your loved ones to continue to handle your legal affairs if you should need their help. These are just a few of the legal issues you can face during your lifetime.

Furey, Donovan, Tracy & Daly, P.C. can help you create a will and the documents necessary to protect your wishes should you be unable to speak for yourself or die. If you care about yourself and your family, a will is a painless way to ensure your voice is heard.


Reference Source: http://www.forbes.com/sites/nextavenue/2014/04/09/americans-ostrich-approach-to-estate-planning/#45383efff07b

Demystifying Living Wills and Powers of Attorney

POAThere may come a time in your life when you cannot advocate on your own behalf because of physical or mental restrictions. While it’s not pleasant to think about such a possibility, there is a way to prepare and get peace of mind. You can create a series of legal documents that express your wishes so that you have a measure of control over your future.

Living Wills

A living will or advance healthcare directive describes how you want your doctors to treat you. Medical advances have meant great improvements in our health and ability to live longer; there are also more cases in which a person can be kept alive by artificial means, including feeding tubes and mechanical respiration.

There are some emotional or religious impacts to this kind of treatment and, of course, there are financial implications as well. By writing down your preferences in this area, you can relieve your family of several burdens. They will not be forced to guess at your intentions and they can feel confident about your wishes to spend money on such treatment. Without that information, they may be forced to deal with guilt, crippling medical bills, or gut wrenching decisions about your health.

In other cases, a stranger may make decisions for you. Without a written directive and no way to elicit a response from you, a judge may enforce state law to determine your health care decisions. Those choices may, or may not, be what you want for yourself.

Power of Attorney

This document can seem scary because it gives some of your authority to another person. The designated man or woman can act on your behalf in private affairs, business, or other legal matters. However, if there comes a time when you cannot act on your behalf, there are likely to be financial issues that complicate your life and the lives of those who care about you.

The good news is that having a Power of Attorney actually reinforces your independence. You can chose exactly the authority you want to share, and with whom, using a legal tool called a durable power of attorney.

Appointment of a Health Care Agent

There are several factors than can render you unable to discuss your condition with your doctor—age, disease, accident, or even anesthesia during a medical procedure. You can elect a person to speak on your behalf when you are unable to do so by appointing a health care agent. Without an agent in place, doctors and hospital staff may be prohibited by law from discussing your care or condition with anyone, including your loved ones.

A power of attorney can work with a living will and the appointment of a health care agent to increase the control you have over your decisions, who acts on your behalf, and what will happen to you.

Furey, Donovan, Tracy & Daly, P.C. is available to answer your questions about these kinds of documents and match your needs to the right legal tools.

Why You Want a Lawyer When You Buy a Home

connecticut real estate attorneyIf you’ve ever attended a real estate closing, you know the amount of paperwork can be overwhelming. If you haven’t yet had the privilege of buying property, you can expect to get writer’s cramp as you sign your name again and again, sometimes to indicate a promise (such as to make your mortgage payments) and other times to acknowledge that you read a certain document making you aware of your rights and responsibilities as a new owner.

Before you grumble about the unnecessary paperwork, realize that trees have given their lives in order to protect your future.

Conducting Title Searches

Your attorney will perform something called a title search on your behalf. Let’s face it, when you’re looking at that new house, you’re envisioning happy family gatherings in a pool, quiet evenings watching the sun set over the back yard, and snug Sunday afternoons as your favorite football team wins game after game.

Your lawyer, meanwhile, is looking through the real estate records to ensure that these dreams can come true.

For example, if the gas company has a legal right of way across your backyard, then you may not be able to put in that pool you want to fill with children, cousins, and friends.

Knowing these things in advance helps you avoid nightmares when all you want is to make your dreams come true.

Clearing Up Complications

Your attorney is there to help you make decisions. You may chose to walk away from a potential sale or go ahead with the lawyer’s help to clear up a situation.

In addition to title searches, your law firm can coordinate the many, details that accompany a real estate sale. If the previous homeowners have left oil in the tank or paid the taxes through to next year, you’ll need to reimburse them for these unused expenses when you accept the keys.

Your head will be spinning as you face the daunting task of moving and an attorney who has your back can get ahead of the details for you, explain the process, and let you concentrate on the fun of buying a new home.

Furey, Donovan, Tracy & Daly, P.C. works in both residential and commercial real estate. We are there to make your home and business dreams come true.

Should you choose a general or specialized law firm?

bookcase-lawfirmLaw firms of today are often specialized, providing their clients with expertise in one area of the legal profession. That’s fine if all you ever need is one type of legal help. Most of us will need a combination of legal services throughout our lives and there is something to be said for hiring a law firm that our parents and grandparents would recognize.

A general practice law firm can help clients through many life events, such as the more joyous occasions like buying a home or the less pleasant situations like a DUI.

Just because a general practice law firm does it all does not mean that the services are any less effective than those offered by a specialized firm. In the old days, there might have been one attorney to do all the work but, today, a general practice law firm can consist of several lawyers, each bringing unique experiences.

This group can usually take care of the legal needs of individuals, families, and small businesses—trusts, estate planning, wills, business law, probate, criminal defense, DUI defense, personal injury, worker’s compensation, divorce, social security disability, residential and commercial real estate, and more.

There are advantages to having a law firm that can offer you quality legal advice in many aspects of life.

For example, perhaps you need to address a zoning law that will help you set up your own business. A few years later, you need to hire more employees and develop a business plan. As your shop enjoys fantastic success, you decide to create a franchise. Meanwhile, you’ve met the right person and want to marry, buy a house, and settle down.

These are happy events and a general practice law firm can be the one number you dial when you need to realize your dreams or defend yourself when something bad happens, such as a suit brought by an employee. You want to surround yourself with people you trust when you need help during both good times and bad. Specialized law firms are great but you’ll need to rebuild that level of trust, not to mention find the right firm, each time you face a new life event.

Sometimes, life surprises us. You might be in the middle of a divorce when someone dials the police for a domestic dispute. If you are represented by one firm, the attorney handling your divorce can easily update the attorney dealing with the criminal court case and help you to resolve both quickly and with less emotional pain and financial cost.

Furey, Donovan, Tracy & Daly, P.C. was founded in 1907 and maintains the tradition of a general practice law firm but offers specialized services from highly experienced and educated attorneys. We’d love to discuss with you how we can be your legal ally throughout all of life’s events.

Demystifying Living Wills and Powers of Attorney

POAThere may come a time in your life when you cannot advocate on your own behalf because of physical or mental restrictions. While it’s not pleasant to think about such a possibility, there is a way to prepare and get peace of mind. You can create a series of legal documents that express your wishes so that you have a measure of control over your future.

Living Wills

A living will or advance healthcare directive describes how you want your doctors to treat you. Medical advances have meant great improvements in our health and ability to live longer; there are also more cases in which a person can be kept alive by artificial means, including feeding tubes and mechanical respiration.

There are some emotional or religious impacts to this kind of treatment and, of course, there are financial implications as well. By writing down your preferences in this area, you can relieve your family of several burdens. They will not be forced to guess at your intentions and they can feel confident about your wishes to spend money on such treatment. Without that information, they may be forced to deal with guilt, crippling medical bills, or gut wrenching decisions about your health.

In other cases, a stranger may make decisions for you. Without a written directive and no way to elicit a response from you, a judge may enforce state law to determine your health care decisions. Those choices may, or may not, be what you want for yourself.

Power of Attorney

This document can seem scary because it gives some of your authority to another person. The designated man or woman can act on your behalf in private affairs, business, or other legal matters. However, if there comes a time when you cannot act on your behalf, there are likely to be financial issues that complicate your life and the lives of those who care about you.

The good news is that having a Power of Attorney actually reinforces your independence. You can chose exactly the authority you want to share, and with whom, using a legal tool called a durable power of attorney.

Appointment of a Health Care Agent

There are several factors than can render you unable to discuss your condition with your doctor—age, disease, accident, or even anesthesia during a medical procedure. You can elect a person to speak on your behalf when you are unable to do so by appointing a health care agent. Without an agent in place, doctors and hospital staff may be prohibited by law from discussing your care or condition with anyone, including your loved ones.

A power of attorney can work with a living will and the appointment of a health care agent to increase the control you have over your decisions, who acts on your behalf, and what will happen to you.

Furey, Donovan, Tracy & Daly, P.C. is available to answer your questions about these kinds of documents and match your needs to the right legal tools.

Why Hire a Connecticut Lawyer?

Some people have a misconception that courts operate slightly differently, based on location. The truth is, case law and statutes are the same in all of the courts within Connecticut. Laws can vary from state to state; New York, Massachusetts or Rhode Island laws are different than Connecticut laws.

That is why attorneys will indicate the states where they are allowed to practice. Without studying the particular laws of a state and passing the bar there, an attorney is not qualified to offer advice to a client. You should always make sure your lawyer is able to practice law in the state where your case will be heard because you want the best legal counsel possible.

Back to our original myth, a good legal argument in the New Britain/Bristol area is also a good argument in Enfield, Waterbury, Meriden or Bridgeport court. The statutes that govern a case in Bantam are the same statutes that would govern in Hartford, New London or Manchester.

This is why it is possible for a legal firm to have statewide law practice. Furey, Donovan, Tracy & Daly, P.C. is based in Bristol, which is part of the New Britain jurisdiction. There is a satellite office in West Hartford and we frequently find ourselves in the court houses of Hartford, Litchfield, New Haven, Tolland and even New London counties. Our clients are often from Southington, Farmington, Naugatuck, Burlington, Avon, Thomaston, Wolcott, or Plymouth.

One of the benefits of an attorney that practices in a wide geographic location is the opportunity to get to know the lawyers, prosecutors, judges and courthouse staff in all Connecticut courts. While the legal system is fair and favoritism is not a factor, there is an advantage to familiarity. Furey, Donovan, Tracy & Daly, P.C. can obtain positive results for our clients because we are all working with the Connecticut laws as our opponents but we feel we have home court advantage… no pun intended.

So if you are in New Britain, Bristol or West Hartford; Simsbury or Newington; Plainville or Meriden; Glastonbury or Watertown call an experienced Connecticut attorney to help you with your Connecticut legal issue. Call Furey, Donovan, Tracy & Daly, P.C.

The Truth about Social Security Disability

A disability is a drag on your resources at a time when those resources are lean. You will need more energy to perform tasks and more money to pay for medical expenses when you feel physically weak and cannot earn your paycheck. Social Security Disability was established to address this problem. However, this very important tool is often underutilized.

Stigma

People who are eligible for Social Security Disability are those who have worked to pay into the system. Any other stories you may have heard are simply not true. There will always be those who want to find a quick buck but it can never be overstated: only those who paid into the system can receive Social Security benefits. No one is getting “free” money from this system.

Another emotional hurdle is the switch in personal identity from an independent, productive person to someone who needs to accept help. However, admitting that there is a significant change in lifestyle is the first step in reshaping a better future. The money from Social Security Disability affords medical care and avoids bad credit. There is hope and comfort when bills are paid and you can accomplish more when you take better care of yourself with the right medical attention.

Pride shouldn’t stop you from receiving what you need; pride should be what you feel as you life a full life.

Red Tape

The application process has become complex because the federal government put safeguards into place to prevent abuse of the Social Security Disability system.

Given the complexity of the system, the timeframe associated with an application is measured in months or longer. It can’t be said enough: Social Security benefits are not a cash machine. If you are in a tight spot, do yourself a favor and seek assistance sooner than later. You can receive cash claims and/or medical benefits but only if you are an active participant in the medical and legal process put in place to help you.

Getting Started

Talk to your doctor about your physical limitations and be as open as you can to hearing what may be some hard truths. If you’ve literally worked yourself to the bone and can no longer perform the tasks you used to do as a productive member of society, it’s important to put aside your fears and ask the questions to get an accurate and complete picture of your condition.

Once you have the medical side of the equation, you can begin to work on the legal side. The terminology is use differently by doctors and lawyers; both professions are there to help you. How they do it can be complex. A lawyer will work with you to determine if the medical information forms the basis for a legal case and explain your eligibility for benefits.

The lawyers of Furey, Donovan, Tracy & Daly, P.C. are here to detangle the red tape and treat you with respect as you deal with a situation that can be very difficult emotionally, physically, and financially. The fee for our services is capped by federal statues at $6,000 or 25% of an award and we do not get paid if you are denied benefits. As a comprehensive legal firm, we can also deal with the other issues that often accompany a disability and Social Security claim.

We understand the challenge of keeping your dignity in the face of life’s changing circumstances and we are happy to show you how we can help. We are top-notch attorneys who have spent the past 100 years as proud members of the hard working Bristol community.