Attorneys At Law
Please join us in congratulating Richard C. Howard, Jr., Weber Kracht and Chellew partner and CFO, on receiving the 2023 AV Preeminent® Peer Review Rating from Martindale-Hubbell.
This is Martindale-Hubbell’s highest designation and is the result of a thorough peer review survey on an attorney’s ethical standards and legal ability. Rick has received the AV Preeminent® Peer Review rating for 10 consecutive years.
No matter where you live in Pennsylvania, before you establish a new “use” on your property or extend an existing use, you must be able to show compliance with that municipality’s zoning ordinance. While this typically sounds confusing, there are several things you can do without an attorney as you investigate a project, such as:
So, let’s assume you now know you’ll need zoning relief for your project. What’s next?
What kinds of issues can be decided by a Zoning Hearing Board?
Do I need a lawyer?
This question really depends on the complexity of the project and size of your budget. There’s no doubting that lawyers are expensive. However, working through this process very easily can require the help of a competent real estate attorney. Many firms offer an affordable “consultation”. In any event, you should ensure that you’re meeting with someone that not only has expertise in this area of law, but also has experience with the specific Municipality.
The Attorneys at Weber, Kracht and Chellew practice in all areas of land use, municipal and zoning law. We would be glad to meet with you to discuss your project or needs. Call 215-257-5114 to schedule an appointment.
Michael Kracht became a lawyer quite simply to help people and make a meaningful difference in their lives. His desire to help and go way beyond the typical “call of duty” motivated his outstanding advocacy and counsel to his clients. Retiring in October 2022, Michael now serves Of Counsel here at Weber Kracht and Chellew.
If you still need to secure your Real ID, you have more time to do so. The Department of Homeland Security (DHS) has extended the deadline to update your identification to the Real ID format is May 7, 2025. You can check if you are “Real ID Ready” at the DHS website.
Learn more about Real ID and how to secure one.
Congratulations to Michael Kracht, Esquire for a career of dedication, hard work and public service. Effective October 24, 2022 (his 70th birthday), Michael’s relationship with Weber, Kracht & Chellew transitioned to a role “Of Counsel.”
Michael and his family moved to the Pennridge community in 1986 from Chester County where he worked for Legal Aid since returning from his stint in the Peace Corps in Ecuador. Initially, Michael practiced mainly as a defense attorney but quickly was introduced to real estate law, transactional law, and municipal law by the firm’s then partners, Mark Weber and Ian Abarbanel. With that growth came an expansion of the geographical area in which the firm practiced into the entirety of Southeast Pennsylvania.
During these years, Michael also presented Continuing Legal Education seminars on ethics. From the beginning, as was true of the entire firm, he helped found and represent a significant number of Charitable Corporations and other volunteer entities, including the American Foundation for Children with AIDS, Pennridge FISH, the Indian Valley Housing Organization, and Keystone Opportunity Center.
In 1991, Michael was appointed as the Solicitor for Perkasie Borough and served in that capacity until 2003. He was also appointed Borough Solicitor to Dublin in 2002, a position he still holds. Along with his partner at the firm, Richard Howard, he has been appointed to numerous Zoning Hearing Board Solicitorships including Perkasie, Souderton, Silverdale, and Sellersville. Over the years, he has been appointed as special counsel to both Sellersville and Souderton. Additionally, for over 20 years he has represented both the Sellersville and Perkasie Fire Departments as part of his desire to give back to the community. Michael plans to continue pursuing his dedication to public service by continuing with his membership on the Doylestown Township Planning Commission and on his church’s Governing Council during his retirement.
Michael is most proud of the work he has done to preserve a significant amount of open space in Montgomery and Bucks Counties, together with the addition of access trails and other passive amenities.
Finally, as he learned from Weber, Kracht & Chellew’s founding partner, Mark Weber, Michael has attempted to represent each and every one of our clients to the best of his abilities, be they a prince or a pauper.
As we turn this page, we are happy that Michael will remain an active member of Weber, Kracht & Chellew in his new role as Of Counsel, where he will continue to represent select clients as well as assist other members of the firm. The steady hand of Rick Howard, Esquire, our other attorneys, our dedicated team of paralegals, and staff will continue Weber, Kracht & Chellew’s tradition of excellent service to our clients and the community.
What happens if I don’t have a POA?
Most commonly, if you become incapacitated and don’t have a durable power of attorney (POA), then your family may have no choice but to go to court in order to have a conservator or guardian appointed for you. This could end up with your assets and personal dealings being managed by a court-appointed representative who knows nothing about your intentions. This is a time-consuming and costly process. A durable POA is usually the better path.
POAs may be limiting in actions and duration or be all-encompassing and lifelong, as you choose.
What exactly is a POA?
Powers of attorney are voluntary delegations of authority by you to an agent of your choosing. You don’t give up your own power to do these same functions, but rather have granted legal authority to the agent to perform various tasks on your behalf.
But, I’m young/healthy
POAs are most often thought of for the care of the elderly or those facing significant health issues that will eventually lead to incapacitation and the inability to handle their own financial affairs and medical care decisions.
But these aren’t the only times POAs are useful.
Accidents happen. Illnesses come on unexpectedly. POAs can protect your property, finances, and medical care interests should you fall victim to an unfortunate event. Without one your desires may not be followed nor your assets protected.
Others who may consider creating a POA? Those who:
Their designated agent would act on their behalf during their absence or should they become incapacitated.
But, I’m married
A spouse does not automatically have power of attorney. A spouse’s ability to act on your behalf does not extend beyond jointly titled assets and obligations. Many times, this becomes a headache with phone companies and utilities you may assume that both spouses are on an account when so often that’s not the case at all.
Here are some of the benefits of a comprehensive POA:
Someone who does not have a comprehensive power of attorney at the time they become incapacitated would have no alternative but to have someone else petition the court to appoint a guardian or conservator. The court will choose who is appointed to manage the financial and/or health affairs of the incapacitated person, and the court will continue to monitor the situation as long as the incapacitated person is alive. While not only a costly process, another detriment is the fact that the incapacitated person has no input in who will be appointed to serve.
Many of us have read about court battles over a person’s intent once that person has become incapacitated. A well-drafted power of attorney, along with other health care directives, can eliminate the need for family members to argue or disagree over a loved one’s wishes. Once written down, this document is excellent evidence of their intent and is difficult to dispute.
An agent under a power of attorney is often in the position of trying to reconcile bank charges, make arrangements for health care, engage professionals for services to be provided to the principal, and much more. Without a comprehensive power of attorney giving authority to the agent, many companies will refuse to disclose any information or provide services to the incapacitated person. This can result in a great deal of frustration on the part of the family, as well as lost time and money.
Taking the time to sign a power of attorney lessens the burden on family members who would otherwise have to go to court to get authority for performing basic tasks, like writing a check or arranging for home health services. Knowing this has been taken care of in advance is of great comfort to families.
Kathryn Liebhaber is an associate attorney here at Weber Kracht and Chellew. Driven by her desire to make a positive impact on the lives of her clients. Kathryn’s straightforward approach and thorough preparation instill her clients with confidence that she will be a dedicated and zealous advocate on their behalf. Kathryn’s expertise in estate planning and administration helps individuals and families prepare for the future through the use of wills, trusts, powers of attorney, and other means and will caringly navigate her clients through the complex probate process. Her practice also includes representing clients in divorce, custody, child support, alimony, Protection from Abuse, grandparent rights, and the unique needs of LGBTQ clients.
This article is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.