In case you missed them, here are our top 7 most popular posts in November. The original post date, along with a short summary of the content of each post, are included after each hyperlinked title. Federal Appeals Court Rules That Annuity Payments Made To The Spouse Of A Nursing Home Resident Are Not Countable.. read more →
On October 13, 2009, Secretary Eric K. Shinseki of the Department of Veterans Affairs (VA) decided to establish service connection for Vietnam veterans with three conditions: Parkinson’s, B cell leukemias, and ischemic heart disease. These join the already established conditions of: * diabetes type II * acute and sub-acute peripheral neuropathy * chloracne and porphyria.. read more →
Like it has in each of the past six years, the New Jersey Law Journal again published its annual Legal Almanac this year. The Legal Almanac attempts to sum up the condition of the state’s legal profession each year. This year, the Law Journal described the state of New Jersey’s legal profession in four words:.. read more →
In A.G. v. Division of Medical Assistance and Health Services and the Ocean County Board of Social Services, OAL Docket No. HMA-2405-09 (October 13, 2009), Hon. Edward J. Delanoy, Jr., Administrative Law Judge (ALJ), ruled that payments made for care services provided to A.G., a nursing home resident and Medicaid applicant, by E.G., her adult.. read more →
Here’s a memorable sentence: “Nobody can relate to the raw, visceral experience of ending a marriage better than someone who has gone through it.” Amen to that. Based on that insight, the NY Times published an article this past Sunday entitled “Experienced in Love and Money” which summarized advice from financial experts about what they.. read more →
I previously blogged about an Order entered in July 2009 by Hon. Patricia Del Bueno Cleary, J.S.C., a Superior Court Judge in Monmouth County, who granted my motion authorizing my client, the Administrator of his mother’s intestate estate, to (1) establish two Supplemental Benefits Trusts to protect the intestate shares of the estate which passed.. read more →
In an effort to help the press and public identify and understand important federal appeals court rulings and cases, the American Bar Association’s Standing Committee on Federal Judicial Improvements has launched a new website that will summarize the most interesting or newsworthy recent decisions and pending cases before federal appeals courts. Reporters and others can.. read more →
Here’s a hot news flash (NOT): law firms in 2009 should market themselves on the Internet. This recent message to lawyers and law firms from the American Bar Association seems just a bit dated. But not uninteresting. At the ABA’s Law Firm Marketing Strategies Conference held last week in Philadelphia, the participants in a panel.. read more →
Issues surrounding end-of-life medical decisions are seldom easy. However, planning for future healthcare needs, which includes end-of-life medical decision-making, is one of the most important acts elders can perform, both for themselves and their loved ones. Federal and state laws recognize an individual’s constitutional right to refuse medical treatment, and aim to ensure that a.. read more →
Elder law attorneys who attended the National Academy of Elder Law Attorneys’ program in Jersey City, New Jersey, on Nov. 5-8, 2009, offered some tips on the use of promissory notes / loans as an estate planning strategy to accelerate eligibility for Medicaid benefits. The promissory note / loan strategy involves the client making an.. read more →
Recently, Fox News did a video segment and report on collaborative divorce which featured two members of the New Jersey Collaborative Law Group (NJCLG), divorce lawyer Amy Schimalla and financial planner Jody D’agostini, giving an overview of the collaborative divorce process. (I’m one of the founding members of the NJCLG.) Though brief, the video does.. read more →
In Weatherbee v. Richman, 595 F. Supp. 2d 607 (W.D. Pa. 2009), the U.S. District Court for the Western District of Pennsylvania reversed the denial of Medicaid benefits to a nursing home resident (“institutionalized spouse”), holding that the income from an irrevocable, non-transferable, non-assignable, single premium, immediate annuity payable to the spouse of the nursing.. read more →
The Elder Mediation Center of New Jersey (EMC-NJ), a collaborative alliance of elder law mediators / attorneys, Tony Serra, Nina Weiss and Donald D. Vanarelli, and geriatric care manager Marcie Cooper; recently held a training session in the specialized field of elder mediation. The training was held on November 10, 2009 from 9:00 a.m. –.. read more →
In Shelales v. Director of the Office of Medicaid (Mass.App.Ct., No. 08-P-2052, Oct. 30, 2009), the Massachusetts Appeals Court ruled that the transfer penalty period resulting when an applicant for nursing home Medicaid benefits transferred some of her assets to her children and then gave the remainder to a nursing home as prepayment for care would not begin.. read more →
The Center for Medicare and Medicaid Services has announced that with no increase in the consumer price index upon which the spousal impoverishment standards are based, there will be no increase in the community spouse resource allowances (CSRA) and the maximum monthly maintenance needs allowance for 2010. The 2009 spousal impoverishment standards, which are also.. read more →
This past weekend, November 7 – 8, 2009, the National Academy of Elder Law Attorneys (NAELA) held a conference for members in Jersey City, New Jersey entitled “The Public Benefits and Guardianship Institute.” This was the first time that NAELA held one of its events in New Jersey. The conference consisted of a variety of.. read more →
Family members in search of sources of funding of long-term care costs for loved ones who can no longer live independently are repeatedly given misinformation about the effect of Aid and Attendance (“A&A”) benefits from the Department of Veterans Affairs (“VA”) on future eligibility for Medicaid. For example, staff at assisted living facilities often warn.. read more →
This week, the New Jersey Supreme Court changed the ethics rules to allow lawyers, for the first time, to mention their inclusion in Super Lawyers, Best Lawyers in America, the Martindale-Hubbell AV rankings or other rating services in advertisements and other promotional materials distributed to the public. Under the original Rule of Professional Conduct 7.1(a)(3),.. read more →
The entire controversy doctrine requires litigants in a lawsuit to assert all claims that each party might have against the party in a single lawsuit. R. 4:30A The doctrine is intended to prevent fractionalized litigation. There are three reasons for the doctrine: (1) the need for complete and final disposition through the avoidance of piecemeal.. read more →
The Social Security Administration (SSA) published its annual Fact Sheet last month, showing changes to SSA benefits upcoming in 2010. I found three items of interest on the Fact Sheet: The SSA officially acknowledged that there would be no cost-of-living adjustment next year for monthly Social Security and Supplemental Security Income (SSI) benefits. The new.. read more →
In case you missed any of them, here are our top 5 most popular posts from last month. The original post date, along with a short summary of the content of each post, are included after each hyperlinked title. Federal Judge Enjoins New Jersey From Denying Medicaid Eligibility To Aged Parents Who Transferred Assets Outright.. read more →
Vanarelli & Li, LLC on Social Media