Client Matters

Gallagher & Associates Law Firm, P.A. June 2009
In This Issue
Hurricane Season Upon Us
Estate Planning Reminder
Crist Announces Senate Bid
Chinese Drywall
Mandatory DNA Samples
St. Pete Bar Law Run
Email Directory
Hurricane Season Upon Us
By: Charles R. Gallagher III

Hurricane season begins today and forecasters are predicting an "above average" hurricane season this year.  They estimate 14 named storms in the Atlantic Ocean, with seven of them becoming hurricanes.  The annual report was prepared by Colorado State University.  The report predicted that three of the season's seven hurricanes will develop into intense or major storms, meaning Category 3.  The forecasters state that there is a 63 percent chance that at least one major hurricane will make landfall on the United States. 

The Atlantic hurricane season runs from June 1 to November 30.  A typical season has 11 named storms, six hurricanes and two major hurricanes, according to the National Oceanic and Atmospheric Administration. 
 
Accordingly, now is the time to prepare for the 2009 hurricane season.  These ten simple tips will ensure that you are prepared for an active season.
 
1.  Prepare your vital documents, photographs and other important data including social security cards, bank account statements, insurance policies, birth certificates, titles or deeds to property.  Keep these documents in a waterproof storage case.  Also, do not neglect data on your computer.  Consider a portable hard drive to back up important data.

2. Take video or photos of your property before you leave. This will greatly assist in any insurance claims for the replacement or damaged or destroyed contents.

3. Contact your insurance agent to re-evaluate your coverage.  Did you add any valuable china, jewelry or other contents that need to be specially scheduled on your policy?  Is your coverage still adequate?

4. Unfortunately, it is unlikely that your pet will have a place in a motel or hotel. Keep this in mind and try to find alternate housing for your pets, or check out pet-friendly hotels.

5. Designate a spot in your home to keep a bag of clothes for each person in the household. Make sure to include sleeping gear if you plan on going to a temporary shelter.

6. Prepare a Hurricane Kit with the following: extra cash, batteries, flash lights, battery operated radio/television, bottled water, toilet paper, non-perishable foods such as cereal or crackers, canned goods, can opener, a small cooler, candles, prescription medicines and any over-the-counter remedies you use regularly.

7. Count on the power being out for at least a day or two. Remember that ATM's will be non-operating, so have at least some hard cash in your Hurricane Kit to see you through the storm.

8. If you decide to tough out the storm, stay downwind in your home. 

9. Plywood, duct tape, batteries, water and ice are a commodities As soon as there is the potential of a hurricane, purchase what you will need.

10. Finally, STAY INSIDE. However tempting it may be to videotape or take photos of the storm, be sure to shoot from indoors - where it's safe, and dry!
Update Your Estate Planning Needs
By Erika Mariz
 
Many people go through significant life changes, they marry, they divorce, they have children, but they neglect to update their wills. It's important to take time out your hectic schedule to make plans to take care of your loved ones should the worst happen to you. If you haven't thought about estate planning, it is time to do it. Do you have someone specific that you wish to leave your china set or grandfather clock? These are all specific devises that you can make in your will. Also, the benefit of creating a will is that you choose who you want to administer your estate rather than leaving it for a judge to decide. Generally, having a will is more cost effective than being without one when your estate is being probated because you have outlined to the court how you want your estate to be administered. In Florida, the administrator of your estate is known as the Personal Representative. 
 
In addition to a will, it is equally important to execute a power of attorney, healthcare surrogate, and living will. A power of attorney is a legal document in which one person delegates power to another person over their finances and assets. The person making a designation is known as the principal, and the person to whom power is being conferred is called an attorney in fact. Power of attorneys can be general or limited, and they can also be made to withstand the principal's incapacity. This is known as a durable power of attorney.
 
A healthcare surrogate is a document that appoints someone to make your healthcare decisions should you be incapacitated. Unlike a power of attorney, the healthcare surrogate is only in force if the person that made the designation becomes incapacitated. The healthcare surrogate gives your surrogate the ability to make medical decisions and review your medical records on your behalf. Thus, this document is of extreme importance because you never know when something may happen to you.
 
A document that goes hand in hand with the healthcare surrogate is a living will. In a living will, you state that should you become incapacitated AND have either a terminal condition, an end stage condition, and/or a persistent vegetative state, AND two doctors determine you have no reasonable medical probability of recovery, whether or not you want your life to be artificially prolonged. There are some people who do want to be kept in life support in hopes of advances in medical technology, and you can make a living will expressing your desire to have your life artificially prolonged. Conversely, there are those who would prefer to be taken off life support should they be incapacitated.  You can be as specific as you want in your living will. 
 
With this year almost half over already, maybe it is time to evaluate your estate planning situation. Take the time to execute a will and accompanying auxiliary documents to spare your loved ones the possible guilt of making difficult decisions on your behalf without knowing what you would have wanted?
Crist Announces Bid for Senate
By: Mary Moser
 
Florida Governor, Charlie Crist, has confirmed that he'll run for the seat to be vacated by the retiring U.S. Senator Mel Martinez.  His decision puts his current office and many others in the state very much up for grabs because this leaves all four cabinet seats in Florida open, in addition to the Senate seat.
 
Republicans hold all but one of these statewide offices and large majorities in the state legislature, but a Crist candidacy could cause a severe overhaul, which could be a golden opportunity for Democrats to regain control of the Florida cabinet. 
 
This could be the biggest opportunity Democrats have had in decades.  It will be tough for Democrats to take control of either chamber in 2010, but an open governor's race would give them a shot at having key influence on the upcoming round of redistricting because a Democratic governor would have veto power over whatever plan is drafted by the GOP legislature. Because of this contingency, Republicans and Democrats in Florida expect their governor's race to be a focal point nationally.
Chinese Drywall Claims
 
Did you recently purchase a new home only to notice odd smells and see visible discoloration of your drywall?  Have you suffered from respiratory problems, nose bleeds headaches, or irritated eyes?  If so, its possible that your new house may have been constructed with defective Chinese drywall.
 
Due to shortages in drywall products between 2004 and 2006, many builders in Florida used drywall imported from China in the construction of homes, apartments, and buildings. This drywall, in many cases, is now believed to be defective, resulting in the stench of rotting eggs that homeowners have been unable to eliminate. Some have even been forced to leave their homes because the odor was so severe.  Residents have also reported problems with their air conditioning systems.
 
Both Lennar Homes and Taylor Morrison have had the most reports of defective Chinese drywall, though other companies also used Chinese drywall. The problem has been acknowledged by Lennar Homes and they are willing to replace defective drywall, as well as air conditioning, pipes and wiring damaged by the fumes.
 
For more information on defective Chinese drywall, please feel free to contact G&A.
Mandatory DNA Samples if Arrested
By: Eileen C. McGee 
 
One of the new laws passed this term by the Florida legislature requires collection of DNA if you are arrested.  Florida Senate Bill 2276 mandates the collection of a DNA sample when one is arrested on a felony charge, with the samples to be stored in a database.  It also provides for the same when individuals are convicted of a crime.  This law classifies any refusal to provide a DNA sample as a crime, and permits reasonable force to be used against qualified offenders who refuse to give a sample. 
 
Interestingly, even if the individual's arrest does not result in a conviction, he must undergo a petition process in order to be removed from the database.  Perhaps the more efficient procedure would be to require a DNA sample upon conviction of a crime, and provide for automatic removal if a conviction is later reversed.
G&A News & Notes
 
- G&A was a sponsor of the St. Petersburg Bar's Law Day Run, "Running for the Law." 

-On June 4th  Charles Gallagher and Erika Mariz will present a talk on Estate Planning and Probate Issues to the St. Petersburg Police Department.
 
-G&A will sponsor the Meet the Judges Lunch on June 2, 2009 at the Pinellas County Criminal Justice Center.
 
-On June 9, 2009, Charles Gallagher and Tracy Evans will present a discussion on Commercial Landlord Tenant Issues at the SES Seminar in Tampa.
Law Run 
 
G&A fielded a team for the St. Petersburg Bar Association's Law Run.  Team Gallagher Law did well as Jeri Ostuw finished first in her age group and Ginny Keeter-Bodkin finished second in age group.
G&A Email Directory
   
Charles R. Gallagher III [email protected]
 
Erika Mariz   
 
Joseph F. Milligan
 
Jeri Ostuw
 
Tracy Evans
 
Eileen C. McGee
 
    Ginny Keeter-Bodkin [email protected]
 
   Christine Heise [email protected]  
  
 Mary Moser [email protected]
 
Cynthia Corder

Gallagher & Associates Law Firm, P.A. accepts cases throughout the Tampa Bay area.  Our main practice areas include: insurance litigation, real estate & business litigation, accident/injury litigation, consumer law, and employment litigation.  www.attorneyoffices.org

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