Seniors who have been overcharged by Medicare’s prescription drug program shouldn’t look to the government for help.  The government-run health-care program for older adults appears to have washed its hands of any responsibility for mistakes that have cost subscribers and taxpayers several billion dollars.  That was the message contained in Medicare’s response this week to.. read more →

Elder mediation, like elder law, is defined by the client to be served. Elder mediation is the mediation of any dispute that involves elders, the disabled, their families or others in their lives. Elder disputes often possess traits that may make elder mediation a particularly attractive option for elders and their loved ones. For example,.. read more →

A testamentary trust to provide for the care of a pet is now expressly authorized by New Jersey statute. Pursuant to N.J.S.A. 3B:11-38, a trust may designate that principal or income may be used for the care of a domesticated animal, and the intended use of that principal or income may be enforced by the.. read more →

There are three criteria that a veteran must meet in order to receive service-connected compensation from the Veterans Administration (VA): A Current Disability. There must be a current disability, one that has been diagnosed by a medical professional; An Event In Service. There must be evidence in the military service records of the occurrence or.. read more →

Parents who abuse, abandon, neglect or cause the death of their children will be ineligible for alimony and for inheritance benefits from their children’s estates, under a new state law signed by Gov. Jon Corzine on April 17 that takes effect in July. The new law amends N.J.S.A. 2A:34-23 to deny alimony to a person.. read more →

A national assisted living company broke its promises to elderly New Jersey residents by throwing them out after allowing them to believe they could convert to Medicaid when their life savings were depleted, a report by the state’s Public Advocate has determined. The report concludes that regulations in New Jersey and around the country are.. read more →

As many Social Security Disability Insurance (SSDI) recipients already know all too well, there is currently a two-year waiting period from the day their applications are approved until they can begin receiving Medicare benefits. This policy forces people with disabilities to either find another form of health insurance (sometimes through Medicaid, if they qualify), or.. read more →

Founders of the Elder Mediation Center of New Jersey (EMCNJ) will present a program entitled “Elder Mediation: An Ethical Approach,” at the ABA’s Section of Dispute Resolution Spring Conference to be held in New York City on April 16th. A summary of the EMCNJ’s session follows: Elder Mediation: An Ethical Approach Elder mediation is designed.. read more →

The Elder Mediation Center of New Jersey invites you to explore the practice of Elder Mediation. This program is designed for professionals engaged in the field of aging,including geriatric care managers, social workers, discharge planners, case managers, attorneys and mediators. We will demonstrate how our unique method of Alternative Dispute Resolution is a valuable resource.. read more →

It is well known that the vast majority of America’s 2.6 million children with special needs will need costly care long after their parents have passed away. However, a new study from Hartford Financial Services has found that three in five (62%) parents of children with special needs have no plan to cover the cost.. read more →

I achieved a milestone a few posts ago. On April 1, 2009, I wrote my 200th blog post, found here – https://vanarellilaw.com/2009/04/01/intentionally-omitting-children-from-your-will/. HOO-RAY. I wrote my first blog post less than one year ago, on April 21, 2008, and got to my 100th blog post about 7 months later, on November 28, 2008, when I.. read more →

Linda H. Davis wrote an April 4th column in the Washington Post that a tidal wave of autistic children will be entering adulthood over the next 15 years, numbering more than 380,000 people.  They will need extensive adult services, including housing, day programs, transportation to and from social programs and jobs, more-than-average medical care, supervision.. read more →

President Bush’s tax cut law passed in 2001, called the Economic Growth and Tax Relief Reconciliation Act of 2001, Pub.L. 107-16, 115 Stat. 38, June 7, 2001 (hereafter “EGTRRA”) gradually phased out the estate tax by raising the exemption level and reducing the top rate; in 2009, only estates valued at more than $3.5 million.. read more →

On February 14, 2009, I blogged about the decision of the administrative law judge in the E.C. vs. Division of Medical Assistance and Health Services case. In the E.C. case, the ALJ reversed a decision denying Medicaid benefits to a developmentally-disabled woman in a nursing home whose parents had established testamentary trusts in their wills.. read more →

In the 2006 Lewis v. Harris decision, the New Jersey Supreme Court held that, although same-sex marriage is not a right guaranteed under the New Jersey Constitution, the equal protection principles of our Constitution guarantee same-sex couples the same “right to and the rights of” marriage. 188 N.J. 415, 442 (2006). Finding that the Domestic.. read more →

A bill that would create tax-deferred savings accounts for people with special needs has been introduced in the House and Senate. If passed, the new legislation would allow family members, friends, or a person with special needs to place up to $500,000 of funds into an “ABLE” (Achieving a Better Life Experience) account that functions.. read more →

If a client chooses not to leave his estate equally to his heirs, or even to disinherit one or more of the children from any distribution of estate assets, the client’s estate attorney can take steps now to minimize the risk of a future challenge to the will. Such challenges usually involve claims that the.. read more →