After he was admitted to a nursing home in 2013, petitioner, R.P., accrued unpaid bills of $264,146 for nursing care services. As a result, three successive Medicaid applications were filed on R.P.’s behalf. It was undisputed that R.P. lacked the capacity to assist with any of the Medicaid applications. The first Medicaid application, filed in.. read more →
A Florida appeals court upheld a judgment of $350,000 in a lawsuit filed by a lawyer against her former client alleging defamation based on negative reviews of the lawyer posted on the internet by the former client. Blake v. Giustibelli, __ So.3d __ (Fla. 4th DCA, No. 4D14-3231, 1/6/2016), 2016 WL _______. Florida Attorney Ann-Marie.. read more →
M.S. is a 73-year old residing in at a long-term care facility. She is a hemiplegic who suffers from obesity, diabetes, arthritis, osteoporosis and COPD. Because she is completely paralyzed on her left side, she had been using a manual one-arm wheelchair. She filed an application to the Division of Medical Assistance and Health Services.. read more →
Top 10 Blog Posts on www.VanarelliLaw.com in 2015
Happy New Year to clients, supporters, friends and readers. Last month, an article on this blog ranked the 25 most popular blog posts and website articles on the Vanarelli Law Office website in 2015. Since then, I decided to narrow my focus a little. In this post, I focused solely on blog posts, and created.. read more →
The New Jersey Achieving a Better Life Experience (ABLE) Act became law today. Under the new Act, New Jersey’s Department of Human Services and the Department of the Treasury are required to establish the ABLE Program pursuant to federal law. Under the program, persons who became disabled before age 26 and are found to meet.. read more →
Daughter/Executrix Who Disputed Terms of Mother’s Will is Denied Commissions
Linda Hall was the executrix of her mother’s estate. Hall had initially had a 2005 will admitted to probate. When Hall’s sister, Carol Polak-Reid (“Reid”) filed a complaint alleging that their mother had executed another will in 2011, Hall represented that she had attempted to have the 2011 will admitted, but the surrogate had rejected.. read more →
Medicare beneficiaries may now discuss options for end-of-life care with their health care providers. Beneficiaries were always free to talk about advance care planning with their doctors or other qualified health professionals. Unfortunately, however, until recently practitioners could be reimbursed for such discussions only during a patient’s “Welcome to Medicare” visit. Under new regulations effective.. read more →
Below are figures for 2016 that are frequently used in the elder law practice or are of interest to clients. Medicaid Medicaid Spousal Impoverishment Figures for 2016 These figures are unchanged from 2015. The minimum community spouse resource allowance (CSRA) is $23,844 and the maximum CSRA remains $119,220. The maximum monthly maintenance needs allowance is $2,980.50. The minimum monthly.. read more →
Here’s wishing all of you, your families and loved ones a successful, fulfilling and happy new year, with plenty of good luck, good friends and good eating too! read more →
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