It iis quite common for family members or others to provide monetary support to a loved one in financial need who has applied for or is receiving pension benefits with either Housebound or Aid & Attendance supplement from the Department of Veterans Affairs (VA). This contribution of money by family members is called “family maintenance.”.. read more →

(Recently, I was the featured speaker at a meeting of the New Jersey Association of Professional Mediators. The subject was special needs planning for disabled spouses and/or disabled children in the context of divorce. The brief introduction to the subject given by the moderator follows, which is followed by a portion of the paper I.. read more →

In a recent opinion, Hon. Robert B. Kugler, United States District Judge for the District of New Jersey, denied a motion filed by the State of New Jersey seeking the dismissal of a pending class action lawsuit which my co-counsel, Alan Sklarsky, Esq., and I filed in federal court seeking an injunction barring the State.. read more →

Vanarelli & Li, LLC is proud to announce that Donald D. Vanarelli, Esq. has been named to the 2014 Super Lawyers list in Elder Law and Special Needs Planning. Elder Law and Special Needs Planning are legal specialties focusing on the legal needs of seniors and people with disabilities. The major legal practice areas within.. read more →

On March 13, 2013, the highest court of our state granted my Petition for Certification, in which I asked the Supreme Court to consider the case of a retired fireman and his continuing battle to conduct estate planning for the benefit of his severely disabled son. This is the second time the Supreme Court has.. read more →

The New Hampshire legislature has enacted a new law that allows nursing homes to sue anyone who received an asset transfer from a nursing home resident, and also makes the resident’s fiduciaries liable for the cost of care under certain circumstances. This new legislation became law on July 2, 2013. The law, enacted under Title.. read more →

In this case, the United States District Court for the Southern District of New York granted  summary judgment for plaintiffs in a lawsuit alleging that the State of New York failed to render final decisions following Fair Hearings within the ninety-day period following the filing of Fair Hearing requests as required by federal and state.. read more →

The Special Needs Trust Fairness Act, recently introduced in the U.S. House and Senate, would permit competent individuals with disabilities to establish their own self-settled special needs trusts. The proposed law should be quickly enacted. Congress legally recognized the use of self-settled Supplemental Needs Trusts (sometimes called Special Needs Trusts) (“SNTs”) in 1993. SNTs allow.. read more →

The New Jersey Institute for Continuing Legal Education and the NJ State Bar Association Elder and Disability Law Section are presenting the 19th Annual Sophisticated Elder Law Forum on Tuesday, November 19, 2013 at the New Jersey Law Center from 9 a.m. to 4:30 p.m. This annual event features a panel of experienced elder lawyers.. read more →

On October 31, 2013, proposed changes to the process of filing disability claims and appeals with the Department of Veterans Affairs (VA) were published in the Federal Register. The Federal Register notice can be found here. The proposed changes, which are significant, relate to the filing of informal claims and notices of disagreements. There are.. read more →

The end of a marriage or relationship can be tragic enough. Often, the process of divorcing only adds to the pain. You and your spouse or partner may come to see each other as adversaries and the divorce as a battleground. You may experience feelings of confusion, anger, loss and conflict. Under such circumstances, you.. read more →

Attorney Donald D. Vanarelli, the founder of our law firm, will be presenting at the following workshops and seminars in upcoming months: 1. Mr. Vanarelli will be presenting a workshop entitled “Legal and Financial Considerations” at the Alzheimer’s Caregiver Conference to be held on Saturday, November 2, 2013, at Union County College, Cranford, NJ.  Workshop.. read more →

A federal district court ruled that banks cannot foreclose on surviving spouses of reverse mortgage holders when the spouses are unable to pay off the mortgages. Bennett v. Donovan, Civil Action No. 11-0498 (District of Columbia, September 30, 2013) The case involved the surviving spouses of three individuals, each of whom who took out a.. read more →

In a case of first impression, the United States Court of Appeals for the Fourth Circuit ruled that “liking” something on Facebook is a form of speech protected by the First Amendment. Bland v. Roberts, Docket No. No. 12-1671 (4th Cir., September 18, 2013) Defendant, B.J. Roberts, was the Sheriff of the City of Hampton,.. read more →

We are pleased to announce that attorney Eric A. Carosia, Esq. has joined Vanarelli & Li, LLC. Eric graduated in 2005 from Ithaca College with a B.S. in Business Administration: Marketing/Finance. He earned his J.D. in 2012 from Rutgers School of Law-Newark, where he served on the Moot Court Executive Board and focused his elective.. read more →

As the U.S. Court of Appeals, 2nd Circuit, held in Lopes v. Dep’t of Social Services, 696 F.3d 180 (2d Cir. 2012) and the U.S. Court of Appeals, 3rd Circuit, held in James v. Richman, 547 F.3d 214 (3d Cir. 2008) when resolving the same issue, the U.S. Court of Appeals, 8th Circuit, has now.. read more →

New Jersey appellate court ruled that the state can reduce a Medicaid recipient’s allocated hours of private duty nursing [PDN] because the care he received from his school district and his mother limited the state’s duty to provide services. M.F v. Division of Medical Assistance and Health Services, (N.J.Sup.Ct.App.Div., No. A-1790-11T2, Aug. 21, 2013). M.F… read more →

Chen Li has been associated with the Law Office of Donald Vanarelli since 2007.  Chen was born in Shanghai, China.  After completing high school in China, she immigrated to New York in the late 80’s.  Chen earned a B.A. from Queens College, City University of New York, Flushing, New York.  She obtained her J.D. from.. read more →

In an interesting case of first impression, the New Jersey Appellate Division held that the sender of a text message can potentially be liable if an accident is caused by texting if the sender of the text knew or had special reason to know that the recipient would view the text while driving and thus.. read more →

In an Initial Decision of the New Jersey Office of Administrative Law, Administrative Law Judge Laura Sanders held that transfers by a Medicaid applicant to her adult disabled children were exempt transfers that did not subject the Medicaid applicant to a penalty period. M.K. v. Division of Medical Assistance and Health Services and Somerset County Board.. read more →

In an August 29, 2013 unpublished decision, the Appellate Division considered and affirmed the trial court’s denial of a nursing home’s motion to dismiss a personal injury and wrongful death claim brought by the estate of a former resident. Levonas v. Regency Heritage Nursing and Rehabilitation Center (Docket No. A-4995-11T4, Aug. 29, 2013). In Levonas, the.. read more →

The New Jersey Supreme Court ruled that a settlement that is reached at mediation but not reduced to a written agreement signed by the parties before the mediation ends will not be enforceable. Willingboro Mall v Franklin Ave LLC, Docket No. A-62-11 (N.J., August 15, 2013) Willingboro Mall, LTD (Willingboro), the owner of the Willingboro.. read more →

An “advance medical directive” (also known as a “health care advance directive” or “instruction directive”) is a written statement made by the patient concerning future health care wishes. Advance directives consist of two parts: a “living will” and a “health care proxy” (a “health care power of attorney”). A living will is a document in.. read more →

A New York judge held that the trustees of a special needs trust have a duty to the disabled beneficiary to inquire into the beneficiary’s condition and to apply trust income to improving it, and that it is not sufficient for the trustees to simply safeguard the assets in the trust. Matter of JP Morgan.. read more →

In an opinion that breaks sharply with established practice, the New Jersey Supreme Court ruled that an application by a divorced spouse to pay child support for a disabled child into a special needs trust should be granted where the proponent shows that it is in child’s best interest to do so.  This is a.. read more →