Pennsylvania’s Clean Slate Law: Can an Old Criminal Record Be Sealed?

By Jonathan Young

A criminal conviction can continue to affect employment, housing, education, and other opportunities long after a person has completed their sentence. But for some Pennsylvanians, an old conviction may no longer have to remain publicly visible.

Pennsylvania’s Clean Slate Law allows certain criminal records to be sealed from public view. Recent changes expanded the law to cover additional offenses, including certain non-violent felonies and some felony drug convictions.

What Does It Mean to Have a Record Sealed?

When a record is sealed under Clean Slate, it is generally no longer available to the public. Subject to certain exceptions, a person cannot be required to disclose a sealed conviction and may respond to questions about their criminal record as though the sealed offense did not occur.

This can make an important difference when seeking employment, housing, or educational opportunities.

However, sealing is not the same as expungement. A sealed record still exists and remains accessible to law enforcement and for certain other purposes. Expungement is a separate process that eliminates the record.

Who May Qualify for Clean Slate?

Eligibility depends on several factors, including the type and grading of the offense, a person’s criminal history, and how much time has passed without a new conviction.

Under the expanded law, examples of potentially eligible records include certain:

• Summary offenses after five years;

• Second- and third-degree misdemeanors after seven years;

• First-degree misdemeanors after seven years through a petition;

• Third-degree felonies after 10 years through a petition; and

• Felony drug convictions after 10 years, depending on the circumstances.

Some eligible records are sealed automatically, while others require filing a petition with the court.

Could an Old Felony Drug Conviction Be Sealed?

This is one of the most significant changes to Pennsylvania’s Clean Slate law.

Act 36 expanded Clean Slate to include certain non-violent felonies, including some felony drug convictions. For qualifying felony drug convictions, the applicable waiting period is generally 10 years.

That means someone who was convicted of a drug felony years ago and has since moved forward with their life may have a record-clearing option that was not previously available.

Eligibility is not automatic simply because 10 years have passed, however. The specific conviction and the person’s criminal history need to be reviewed to determine whether Clean Slate applies and whether a petition is necessary.

Is It Worth Reviewing an Old Criminal Record?

If an old Pennsylvania conviction continues to appear on background checks or creates obstacles to employment, housing, or education, it may be worth determining whether the record is eligible for Clean Slate protection.

The changes to Pennsylvania law have expanded the number of people who may qualify, including some individuals with felony convictions who may have assumed there was nothing they could do about their records.

Our attorneys can review your criminal record, determine whether you may qualify for Clean Slate relief, and, when necessary, assist with filing a petition to have an eligible record sealed.

For additional general information about Pennsylvania Clean Slate eligibility, readers may also consult the Clean Slate: Criminal Record Sealing in PA handout.

Eric Frey Named a Top Lawyer in Montgomery County

Eric Frey has once again been named a Top Lawyer in Montgomery County in Real Estate Law and Municipal Law.

The annual Top Lawyers recognition celebrates legal professionals who have earned the trust and respect of the Montgomery County community. Readers of The Pottstown Mercury, The Norristown Times Herald, and The Lansdale Reporter cast their votes to recognize attorneys who have made an impact through exceptional legal service.

Eric’s recognition as a Top Lawyer reflects his continued commitment to providing knowledgeable, responsive, and practical legal counsel to clients throughout Montgomery County and beyond. With more than three decades of experience, Eric advises individuals, businesses, developers, municipalities, and financial institutions on a broad range of matters involving real estate, land development, zoning and municipal law, banking transactions, corporate law, and estate planning and administration.

From representing buyers and sellers through every stage of a real estate transaction to guiding developers through zoning, subdivision, and land development approvals, Eric is known for delivering practical legal solutions tailored to each client’s needs. His background in the title industry, including founding a title insurance agency in 2008, provides additional insight and experience that benefits clients throughout the real estate process.

We are honored to see Eric recognized by the Montgomery County community for his work in Real Estate Law and Municipal Law. This recognition reflects the trust his clients and colleagues have placed in him throughout his career and his continued dedication to providing exceptional legal counsel.

Congratulations to Eric on this well-deserved recognition, and thank you to our clients, colleagues, and community for making this honor possible.

To learn more about Eric Frey’s practice or to discuss your legal needs, contact him at 610.367.2921 or email efrey@nycelaw.com.

Estate Planning for Blended Families and Blended Households

By Dr. Elizabeth Timberlake-Newell

Family structures have evolved significantly. Today’s families often include second or third marriages, stepchildren, adopted children, half-siblings, and close relationships formed outside of traditional legal definitions of family. However, what has not evolved at the same pace are intestacy laws—the laws that govern the distribution of assets when an individual dies without a will.*

Under these default rules, stepchildren and individuals who are “family by choice” are generally not recognized. Instead, assets typically pass to a surviving spouse, biological children, parents, siblings, and extended relatives in a fixed order. While this framework may align with some individuals’ intentions, it often does not reflect the realities of blended families, where meaningful relationships may fall outside those legal categories.

For this reason, thoughtful estate planning is essential. A properly structured plan allows you to direct how your assets will be distributed and ensures that the individuals you intend to provide for are protected.

Prenuptial and Postnuptial Agreements

In the context of second or subsequent marriages, estate planning often requires balancing competing interests. Each spouse may wish to preserve assets for children from a prior relationship while also providing for a current spouse.

Absent prior planning, a surviving spouse may be entitled to claim a portion of the estate under state law—commonly referred to as the elective share—even if that spouse is not named as a beneficiary in the will.

A prenuptial agreement can address these concerns in advance of marriage. Such agreements are not limited to high-net-worth individuals; they are practical tools for anyone seeking to define property rights and expectations. A carefully drafted agreement can clarify the ownership of assets and may include mutual waivers of rights to each other’s estates.

For couples who are already married, a postnuptial agreement may provide similar protections. Although less common, these agreements can be effective in clarifying financial arrangements and protecting intended inheritances.

Wills and Trusts

Wills and trusts remain the foundation of any comprehensive estate plan. A will allows the testator to designate how assets—including real and personal property—will be distributed upon death. It also permits the inclusion of specific bequests to individuals, charitable organizations, or religious institutions.

Importantly, a will enables you to provide for individuals who would not otherwise inherit under intestacy laws, including stepchildren, close friends, and other nontraditional beneficiaries.

Assets may also be placed in trust, which can be particularly beneficial for minor children, individuals with special needs, or situations where structured asset management is desired. Trusts can provide ongoing oversight and control over how and when assets are distributed.

In addition, a will allows you to appoint an executor to administer your estate and, where applicable, a trustee to manage trust assets. These designations ensure that individuals you trust are responsible for carrying out your intentions.

While trusts can offer meaningful advantages, they are not necessary in every case. Because they involve additional complexity and cost, it is advisable to consult with an experienced estate planning attorney to determine whether a trust is appropriate for your circumstances.

Health Care Power of Attorney

A health care power of attorney is a critical component of any estate plan. This document allows you to designate an agent to make medical decisions on your behalf if you become unable to do so.

Your designated agent will have the authority to communicate with healthcare providers and make decisions consistent with your expressed wishes. Without this document, medical providers may rely on default next-of-kin rules, which may not align with your preferences—particularly in blended family situations.

Ensuring that this document is properly executed and that your chosen agent understands your wishes is essential to maintaining control over your medical care.

Closing Thoughts

Blended families present unique estate planning considerations that cannot be adequately addressed through default legal rules alone. Proactive planning is the most effective way to ensure that your assets are distributed according to your intentions and that your loved ones are protected.

Because estate planning laws vary by state and individual circumstances, it is important to obtain guidance tailored to your specific situation. The attorneys at E. Kenneth Nyce Law Office are available to assist clients in developing comprehensive estate plans that reflect their family structure, priorities, and long-term goals.

Meet Our New Attorney: Dr. Elizabeth Timberlake-Newell

A familiar face in the Boyertown community, Dr. Elizabeth Timberlake-Newell, Esq. has joined E. Kenneth Nyce Law Office.

A graduate of Boyertown Area High School, Elizabeth remains deeply connected to the area she calls home. She focuses her practice primarily on estate planning and estate administration, assisting clients with wills, trusts, powers of attorney, and navigating the probate process. She also advises on child support matters on a limited basis and provides legal support to small businesses and nonprofit organizations, including contract drafting and review, trademark applications and renewals, and compliance matters.

Elizabeth brings a uniquely diverse professional background to her legal practice, with prior experience as a historian, educator, journalist, and nonprofit executive director. She earned her J.D. from Northeastern University School of Law and holds advanced degrees in history from the University of Glasgow and West Chester University of Pennsylvania, as well as her undergraduate degree from Pennsylvania State University.

We’re excited to welcome Elizabeth to the firm and to continue serving the Boyertown community with attorneys who live and work locally.

What Families Should Know About Fire Safety and Liability

By Jonathan Young

Staying Safe as We Move from Fall Into the Festive Season

As the final leaves fall and temperatures turn cold, many households lean into the comforts of late autumn—lighting candles, building the first fireplace fire of the season, and decorating for the holidays. This time of year is full of warmth and celebration, yet it also marks one of the busiest seasons for home fires and burn-related injuries. With a little preparation and awareness, families can enjoy the season safely, and when accidents occur because of negligence or defective products, understanding your rights becomes especially important.

Candle Safety: A Seasonal Tradition with Serious Risks

Candles are an easy way to create a cozy atmosphere, whether they’re pumpkin-spiced jars left over from fall or decorative holiday candles arranged on a mantel. Unfortunately, they also remain one of the leading causes of home fires between November and January. Many of these fires begin when candles are placed too close to flammable décor like garlands, wreaths, or curtains, or when they are left unattended during gatherings. Pets and children can also unintentionally knock candles over, and some decorative holders are unstable or poorly designed. To reduce risk, candles should always be kept at least a foot away from anything that could ignite and extinguished whenever you leave the room. Sturdy, non-tip holders make a significant difference, and flameless LED candles can be a safer option for window sills, mantels, and table displays. When a candle or decorative item behaves unpredictably or catches fire due to a product defect, there may be grounds for a product liability claim.

Fireplace & Wood Stove Use

As fireplaces and wood stoves transition from occasional fall luxuries to regular household heating sources, their risks increase as well. Chimney fires, burns, and carbon monoxide exposure become more common as their use ramps up during colder weather and holiday gatherings. Before lighting the first fire of the season, it is wise to have the chimney professionally cleaned and inspected to ensure that the flue, damper, and chimney cap are working properly. Smoke and carbon monoxide detectors should be tested throughout the home. During use, a protective screen helps prevent sparks from escaping, and holiday decorations—especially stockings, garlands, and fabric—should be kept a safe distance away from the fireplace opening. Only seasoned firewood should be burned; wrapping paper, packaging, and treated lumber can ignite dangerously. Ashes should be allowed to cool completely before they are disposed of in a metal container. Homeowners, landlords, and property owners all have a responsibility to maintain safe heating systems, and failing to do so can create liability if someone is harmed.

Holiday Decorating Brings Added Fire Hazards

With holiday decorations appearing earlier each year, fire risks increase right alongside the excitement. Dry Christmas trees, overloaded outlets, aging light strings, and overheated decorative warmers contribute to thousands of fires during November and December. A fresh tree should be watered daily to prevent it from drying out, especially when placed near heat sources. Light strings with frayed wires or cracked bulbs should be replaced, and outlets should never be overloaded with multiple power-hungry decorations. Even electric candles and warmers can overheat if left on for extended periods or placed too close to combustible materials. When lighting or décor malfunctions or overheats, the issue may be related to a defect in the product, and the manufacturer may be responsible for resulting injuries or property damage.

Fire Pits & Outdoor Gatherings

Many families continue hosting outdoor gatherings well into late fall, particularly around Thanksgiving and early holiday celebrations. Fire pits are wonderful for bringing people together, but they must be used responsibly. They should be placed safely away from homes, garages, and trees, and never left burning unattended—even when the fire seems to be dying down. Children and pets should be closely supervised, and a hose or fire extinguisher should be kept nearby. If a guest is injured due to unsafe conditions, poor lighting, or lack of supervision, they may have rights under premises liability law.

What To Do If a Fire-Related Injury Occurs

Despite precautions, accidents can still happen. If you or a loved one suffers a fire-related injury, medical attention should be the first priority. Once the situation is safe, documenting the scene is extremely important. Photos of the hazard, the defective item, the layout of the space, and any resulting damage can help preserve key details. Witnesses should be identified, and any product involved—such as a candle, lighter, defective decoration, or fire pit component—should be preserved rather than thrown away. Speaking with a personal injury attorney can help you understand who may be responsible and what options are available, whether the incident stems from a defective product, unsafe property conditions, or negligence.

The transition from fall to the holiday season should be a time of comfort and celebration. With a little caution, families can keep their homes safe while enjoying all the warmth and beauty this season has to offer. And if an unexpected fire-related injury disrupts your plans, our firm is here to help you understand your rights, explore your options, and move forward with confidence.

E. KENNETH NYCE is committed to helping families stay safe this season—and supporting those who are harmed by preventable hazards. If you need legal advice, reach out to Jonathan Young at 610.367.2921.

Good Fences Make Good Neighbors

For many homeowners, this is the season for home improvement projects including repairing old fences or installing new ones. But before you pick up a posthole digger or call a contractor, it’s wise to make sure you understand the legal requirements for building a fence. After all, while a good fence may help define your property and create privacy, it can also become a source of tension or conflict if proper steps aren’t taken.

Know Your Boundaries—Literally

One of the most common sources of neighbor disputes involves misunderstandings about property lines. Before building or replacing a fence, consult your deed and consider hiring a licensed surveyor. A formal survey helps confirm exact boundary lines, preventing accidental encroachment onto a neighbor’s land.  Also, a survey can help you if you are concerned that your neighbor’s fence is encroaching onto your land.

Easements and Encroachments

A survey can also help you be sure you are aware of any easements on your property that may be impacted by the fence, such as utility access easements or shared driveways. Fencing through an easement can limit access in a way that violates the terms of existing agreements.

Check Local Ordinances and HOA Rules

Municipal codes often regulate the height, placement, appearance and material used in fences.  The level of regulation can be surprising, even sometimes requiring that the “good side” of the fence (that is, the more attractive side of the fence that hides its hardware) must face your neighbor’s property, rather than your own. In addition, if you live in a property that is part of a homeowners’ association (HOA), there are likely additional restrictions and approvals that go above and beyond your local ordinance. Make sure you confirm that your planned fence satisfies the requirements of both, or you could face fines or be required to take the fence down after having spent good money to put it up.

Cost-Sharing and Communication

Open communication with your neighbor is essential if a fence sits on or near a shared boundary line. While they may not be legally obligated to share the cost, discussing the project with your neighbor in advance can foster goodwill and avoid misunderstandings.  In addition, you may be surprised to find that your neighbor wants to contribute towards the cost of the fence project so that it can be designed to better benefit both of your properties.

Put It in Writing

If you and your neighbor are sharing responsibilities and cost or making any other agreements about the fence, be sure to put the terms of your agreement in writing. A simple neighbor agreement reviewed by an attorney can protect both parties and clarify expectations.

When to Call an Attorney

If a dispute arises, or if you discover a neighbor’s fence is encroaching on your land, it’s important to address the matter promptly and professionally. An attorney can help you navigate negotiations, mediate the issue, or, if necessary, take action in court to protect your rights

A well-placed, well-maintained fence can do more than mark territory—it can preserve peace, privacy, and property values. Taking the time to handle the legal groundwork properly will ensure your fence doesn’t become a source of frustration down the line. Because at the end of the day, good fences really do make good neighbors.

At E. Kenneth Nyce, we represent homeowners and developers, both big and small, as they seek to modify and develop their properties in the way that they want. We work hard to establish good relationships with all local municipalities and municipal officials so that we can make the process as smooth as possible.  Please call (610) 367-2921 to discuss how we can help you.

Common Social Security Disability Claim Mistakes.

By Jonathan Young

Applying for Social Security Disability (SSD) benefits can be a complex and frustrating process, especially for those unfamiliar with the strict requirements. The Social Security Administration (SSA) has specific eligibility criteria and requires extensive medical documentation to support claims. Minor mistakes in your application or insufficient evidence can result in delays or outright denials. Understanding frequent pitfalls and knowing how to navigate the system can significantly improve your chances of approval.

The #1 Pitfall: Applying for Early Retirement Instead of SSD

One of the most frequent missteps is throwing in the towel at the start, and applying for early Social Security Retirement benefits instead. This is particularly common among individuals aged 62 to under their full retirement age of 66 or 67. Many mistakenly believe this is their only option if they are unable to work. If you have physical or psychological limitations preventing you from working, you may qualify for disability benefits. Applying for generic "Social Security" benefits without explanation locks you into a lifetime of reduced benefits.

Instead, apply for SSD benefits. While awaiting a decision, the SSA will pay Early Retirement benefits. If your claim is approved, you will receive full disability benefits, which are roughly equal to your full retirement benefits at full retirement age.

The SSA presumes that someone over 55 cannot be retrained for new job tasks. For example, a construction worker is unlikely to transition into a new role such as computer coding after age 55. Therefore, if you are over 55 and unable to perform your previous job due to physical or psychological limitations, consider applying for SSD instead of Early Retirement.

Starting Social Security Retirement benefits at age 62 reduces your benefit to 75% of what you would receive at full retirement age. The SSA provides a benefits calculator on their website to estimate your benefits based on your birth year and work history: SSA Benefits Calculator.

Avoid These Typical SSD Application Mistakes

1. Failing to Seek Medical Treatment — Substantial medical evidence is critical for a successful SSD claim. Regular doctor visits and following prescribed treatments are essential. Failure to do so may lead the SSA to conclude that your condition is not severe.

2. Incomplete or Inaccurate Application — Providing detailed and accurate information about your medical history, work history, and limitations is essential. Incomplete or incorrect information can lead to a denial. Double-check all details before submitting.

3. Continuing to Work — Working full-time while applying for SSD benefits will likely lead to a denial. Although part-time work within income limits is allowed, earning too much can disqualify you. Any work during the application process places you at a disadvantage.

4. Ignoring Deadlines for Appeals — If your initial claim is denied (a common occurrence), you have a limited time to file an appeal. Missing this deadline could force you to start over, delaying benefits for months or even years.

5. Not Providing Enough Medical Evidence — Ensure that your medical records clearly demonstrate how your condition meets SSA’s disability criteria. Your doctor should document how your limitations impact your ability to work. Insufficient evidence is a leading cause of denials.

6. Failing to Cooperate with SSA Requests — The SSA may request additional documentation or a consultative medical exam. Ignoring these requests can lead to claim denial. Respond promptly and provide all required information.

7. Applying Without Legal Representation — Many applicants attempt to handle the process independently. However, seeking counsel from a qualified SSD attorney can significantly improve your chances of approval. Legal guidance ensures that your application is complete, deadlines are met, and appeals are handled correctly.

Avoiding these common mistakes can mean the difference between approval and denial of your SSD claim. If you need assistance navigating the process, consider consulting an experienced SSD attorney who can advocate for your rights and maximize your chances of receiving benefits.

For more information or a consultation, contact Jon Young at 610.367.2921. Legal representation can increase the likelihood of approval and reduce stress during an already challenging time.

I Work Construction. Am I An Employee or Not?

By Jonathan Young

What once was a simple, almost silly question is now much more complex. The work relationship that once was easily characterized as between an “Employer” and “Employee” is now more nuanced with the usage of Independent Contractors and Subcontractors, Borrowed Employees, and Temporary Employees all entering the workplace picture. This has resulted in a host of new employment law issues about legal agency, workers’ compensation coverage, general liability indemnification, and some recent criminal sanctions for intentional misclassifications. 

It is the nature of the work relationship, not the terminology, that controls the legal status between the Employer and the Employee. Many people who have been told they are “Independent Contractors,” after appropriate legal analysis, are “Employees”. This is not a distinction controlled by whether you receive a 1099 or a W2 tax form at the end of the year but by a significant list of factors used to determine your status.

DISTINCTION BETWEEN EMPLOYEE AND INDEPENDENT CONTRACTOR

Pennsylvania’s legal analysis of this topic still uses antiquated terminology such as “master” and “servant” to explain the Employment relationship. Master means Employer, and Servant means Employee.

Under the Pennsylvania Workers Compensation Act, the term Employee is synonymous with Servant and includes all natural persons who perform services for another for a valuable consideration. Generally, if the manner and means of performing the work reside in a Master, tools and other implements of work are supplied by the Master, and taxes are withheld, the Servant is an Employee of the Master. 

Just calling someone an Independent Contractor does not make that person an Independent Contractor. Neither does not withholding taxes and paying them via a 1099. The IRS sets forth specific criteria which help discern the difference between an Employee and an Independent Contractor. (See: IRS Revenue Ruling 87-41, 1987-1 C.B. 296)

Pennsylvania Courts have weighed in on this definitional difference and set forth the factors to consider in determining whether an individual is an “Employee or an “Independent Contractor.”

The Courts have reviewed the amount of direction and control exercised by a “Master” to determine the existence of an Employee/Employer relationship. Control in an employment relationship exists where the alleged Employer possesses the right to select the Employee, the right and power to discharge the Employee, the power to direct the manner of performance, and the power to control the Employee’s time and compensation. That individual is an “Employee” regardless of whether they are called an “Independent Contractor” or not.

To avoid insurance expenses, particularly in hazardous occupations such as in the construction business, there was often an attempt to misclassify an “Employee” as an “Independent Contractor”.  In such a case where someone suffered a severe injury on the job, this misclassification led to significant financial woes for the worker and often left the state on the hook for medical bills through MEDICAID or the State Workers Compensation Uninsured Employer’s Fund.

To address these issues, the Construction Workplace Misclassification Act was passed in 2011. Effective February 10, 2011, an individual who performs services in the construction industry for remuneration is an independent contractor only if all three of the following criteria are satisfied:

1. The individual has a written contract to perform such services.

2. The individual is free from control or direction over the performance of such services, both under the contract of service and in fact.

3. As to such services, the individual is customarily engaged in an independently established trade, occupation, profession, or business.

The Employer must be in the construction industry for the Misclassification Act to apply. In the Misclassification Act, the term independently established construction trade, occupation, profession, or business is defined as someone who:

• possesses the essential tools, equipment and other assets necessary to perform the service;

• can realize a profit or loss from the service;

• performs the service through a business in which the individual has a proprietary interest;

• maintains a separate business location;

• has previously engaged in similar services set forth above while free from direction and control;

• maintains liability insurance of at least $50,000.

UNLESS YOU CAN COMPLY WITH THESE DEFINITIONAL REQUIREMENTS, YOU ARE AN EMPLOYEE EVEN DESPITE ANY BOSS’S  INSISTENCE THAT YOU ARE AN INDEPENDENT CONTRACTOR.

Financial Penalties: A violation of the Misclassification Act is considered a summary offense subject to a $1,000 fine for a first violation and $2,500 for each subsequent violation, payable to the Workers’ Compensation Administrative Fund.

If you have an employment law or workers’ compensation matter you need help with, call us at 610.367.2921 or contact us online.

Why you may not need a Revocable Living Trust in Pennsylvania.

By Eric Wert

Many estate planning clients come to their first meeting with the expectation that they need a Revocable Living Trust.  Frequently, they have heard from a national finance personality that a Revocable Living Trust is an essential part of a wise and efficient estate plan. The personality argues that by placing your assets in a Revocable Trust, you avoid the lengthy and expensive probate process while maintaining control over your assets.  While this advice may be true in many parts of the country, a Revocable Trust is usually not the best choice in Pennsylvania.

A Revocable Living Trust is established when a Grantor (the person who creates the document) transfers assets into a Trust during his or her lifetime but reserves the right to revoke or change the Trust at any time.  Compared to an Irrevocable Trust, this type is “revocable” because the Grantor can modify or cancel it whenever they choose.

First, it is important to know that a Revocable Living Trust does not eliminate federal estate taxes or Pennsylvania inheritance taxes. The assets in such a Trust are taxed with the rest of the estate.  Further, this type of Trust does not offer significant asset protection because the owner of the assets – the Grantor - retains power over the Trust assets (that is, the power to modify or revoke the Trust) and is, therefore, usually vulnerable to a judgment.

It is correct to state that a Revocable Trust can eliminate probate if a Grantor successfully transfers all of his or her assets into the Trust prior to death.  In Pennsylvania, however, our probate process can be relatively quick and uncomplicated, unlike in many other states.  In addition, avoiding probate through the use of a Revocable Living Trust does not avoid the largest expense most people associate with probate - the Pennsylvania inheritance tax.  This tax must be paid for assets in a Revocable Living Trust even though they do not go through probate.  The cost of probate itself is very small, relatively speaking.  For this reason, most Pennsylvania estate planning attorneys suggest this type of Trust less frequently because it is usually an unnecessary, expensive step.

This is not to say that there is never a good reason to create a Revocable Living Trust, or any other kind of Trust, in Pennsylvania.  There are many kinds of Trusts, each with unique benefits and purposes.  For example, a Revocable Trust can allow for the Grantor to contribute assets for the benefit of others (or themselves) that will be managed by a trustee as the Grantor ages or if he or she becomes disabled. Understanding these options can empower you to make the best decisions for your estate.

In the end, it is best to come to your first meeting with your estate planning attorney with an open mind, knowing that what you’ve heard from a national personality may not apply in Pennsylvania.  Be prepared to communicate your goals for your estate so that the attorney can recommend the best plan to achieve those goals under Pennsylvania law.

If you have questions about the most efficient way to set up your estate, Dischell Bartle Dooley can help. You can contact us online or call 215.362.2474.

Pool Safety and Liability Protection

By Jonathan Young

As summer approaches, families will flock to pools for relaxation and recreation. However, amidst the splashes and laughter lies a very serious legal challenge for property owners and local public pools alike. According to the Center for Disease Control (CDC), drowning is the leading cause of death for children. More children ages 1-4 die from drowning than any other cause of death and it’s the second leading cause of unintentional injury death for children ages 5-14.

Pool safety isn't just about preventing accidents; it's also about mitigating liability risks and protecting everyone involved. In this article, we'll explore several proactive measures for maintaining pool safety within the confines of the law.

Understand Legal Responsibilities and Local Regulations:

Property owners have a legal obligation to ensure their premises, including pools, are safe for guests. It is a good idea to familiarize yourself with local, state, and federal regulations governing pool safety, such as fencing requirements, lifeguard ratios, and signage mandates. Additionally, you should know the legal implications of accidents on your property, including slip-and-fall incidents, drowning, or injuries caused by faulty equipment.

Implement Comprehensive Safety Measures:

Property owners are responsible for installing physical barriers around the pool area. Installing and maintaining appropriate fencing and gates around the pool prevents unauthorized access, especially for children. In today’s world diving boards are not recommended in residential pools because of potential head and neck injuries.

Keep readily accessible lifesaving equipment near the poolside, like floatation devices, reaching poles, and first aid kits. Be sure to establish clear guidelines for pool guests, designate responsible adults to oversee pool activities, and specify lifeguard duties if a public facility. You can never be too careful, so conduct routine inspections of the pool area, equipment, and safety features to identify and address potential hazards promptly.

Educate Visitors and Staff:

As a homeowner, it is your responsibility to educate pool guests about safe swimming practices, such as no running on the pool deck, no diving in the shallow end, no swimming alone, and the need to supervise children closely. Additionally, public facilities have a duty to provide comprehensive training to staff members on pool safety protocols, emergency response procedures, and CPR certification, etc. Both private and public pools, should display signs outlining pool rules and depth markers.

Seek Legal Counsel:

Homeowners should make sure they have proper liability insurance coverage and public swimming facilities are required to be compliant with the Public Bathing Law. In either case, it is a good idea to seek legal counsel from attorneys specializing in premises liability and personal injury law to assess the proper pool safety measures, compliance with regulations, and liability exposure.

In the realm of pool safety, legal compliance is not just a matter of regulatory adherence—it's a crucial component of risk management and liability protection. By understanding your legal responsibilities, implementing robust safety measures, educating everyone involved, and seeking professional legal guidance, you can navigate the complexities of pool safety with confidence and safeguard both lives and assets.

If you have questions about a legal matter surrounding pool safety, property liability or personal injury, E. Kenneth Nyce can help. Call us at 610.367.2921.