A company that was supposed to help consumers complete Medicaid applications for a fee stole more than $300,000 from clients, according to a lawsuit filed by the New Jersey attorney general and the state Division of Consumer Affairs. The State’s complaint, alleging violations of the Consumer Fraud Act, was filed in New Jersey Superior Court in.. read more →
P.P. had been his mother’s legal guardian, and he was executor of her estate. After her death, Medicaid asserted a statutory lien against her estate in the amount of $132,755, representing the amount of correctly paid medical assistance that had been paid on her behalf. P.P. requested a waiver or compromise of the lien based.. read more →
G.M., a 73 year old stroke victim, was diagnosed with Alzheimer’s disease, vascular dementia, schizoaffective and bipolar disorders. After G.M. filed a Medicaid application, the Atlantic County Board of Social Services (Board) notified G.M. that his application was denied because he did not provide necessary information. Several months later, G.M.’s designated authorized representative (DAR) submitted.. read more →
On November 5, 2019, I presented at the Fall Meeting of the Essex/Hudson/Union Chapter of the New Jersey Association of Public Accountants held at Kean University in Hillside, New Jersey. I presented an overview of the various types of revocable and irrevocable trusts used by estate planners and by elder law and special needs planning.. read more →
We are pleased to announce that Donald D. Vanarelli has been recognized as a 2020 New Jersey Super Lawyer in Elder Law. This is the 14th consecutive year in which Mr. Vanarelli has been named to New Jersey’s Super Lawyers list. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have.. read more →
Donald D. Vanarelli, Esq. to Discuss Social Security and Medicare Issues at 21st Annual Elder and Disability Law Symposium
21st Annual Elder and Disability Law Symposium Presented in cooperation with the NJSBA Elder and Disability Law Section Format/Skill Level: Meeting Location: APA Hotel Woodbridge, 120 S. Wood Ave Iselin, NJ 08830 Date: December 18, 2019 Time: 9:00 AM – 5:00 PM Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 21st Annual Elder and Disability.. read more →
Supplemental Security Income (SSI) is a federal program that helps people with disabilities and very low income and assets. Approximately 8.1 million Americans rely on a monthly SSI benefit to pay for their basic needs including rent, food, transportation, utilities, and healthcare co-pays. In order to qualify for SSI, you must be aged, blind or.. read more →
D.N., a 38 year-old man, was seriously injured in an automobile accident, resulting in quadriplegia. D.N. cannot sit, stand, change positions on his own, or move his arms or legs. He needs to be repositioned when he sleeps to avoid bedsores and maintain skin integrity. As a result, D.N. is eligible to receive Medicaid assistance.. read more →
A new report finds that almost no retirees are making financially optimal decisions about when to take Social Security and are losing out on more than $100,000 per household in the process. Social Security benefits are fundamental to the financial security of most retirees. About 50% of current retirees report that more than half of.. read more →
On September 19, 2019, I presented at the 2019 Fall Conference given by the Aging Life Care Association (Formerly the National Association of Professional Geriatric Care Managers) at the Asbury Hotel in Asbury Park, New Jersey. My presentation was an overview of the various types of irrevocable trusts used by elder law and special needs planning.. read more →
T.M., a 23 year old disabled woman, has spinal muscular atrophy, is paralyzed, and is dependent on a ventilator to breathe. She resides with her grandmother who is also her primary caregiver. For many years, T.M. had been receiving private duty nursing (PDN) and personal care assistance (PCA) services through Medicaid under the Early and.. read more →
H.T. was admitted to a nursing home in Union City, NJ. Soon thereafter, a Medicaid application for the Nursing Home Medicaid program was filed on H.T.’s behalf. Under the Medicaid regulations, applicants for the Nursing Home Medicaid Program must be found clinically eligible to qualify for benefits. After an evaluation by the Medicaid agency to.. read more →
L.A., a nursing home resident, applied for Medicaid benefits to pay for long-term care costs. G.A., L.A.’s husband, and L.A. employed a firm to assist them with the Medicaid application process. Although years before filing the Medicaid application G.A. and L.A. transferred their home into a revocable trust, the firm failed to provide copies of.. read more →
The 2019 “Elder Law in a Day” Seminar: Learn How To Handle Elder Law Issues And Cases Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2019 “Elder Law in a Day” seminar given by the New Jersey Institute for Continuing Legal Education on January 29, 2020 at the New Jersey Law Center, 1 Constitution.. read more →
Medicaid is a critical lifeline for many low-income, elderly, or disabled New Jersey residents who, without Medicaid, would have no access to health insurance or to a critical source of funds to pay for long-term care costs or nursing home admission. However, the Medicaid eligibility process is incredibly confusing and tedious. Under the current Medicaid.. read more →
Moses Ratowsky created an irrevocable trust for the benefit of his grandson, Daniel Schreiber (hereinafter the grandson). Petitioners, the co-trustees of the irrevocable trust, filed an application to appoint the principal of the trust to a new special needs trust that would allow the grandson to retain the benefits of the original trust while preserving.. read more →
E.S. was admitted to Brookdale Assisted Living Facility (Brookdale) in April 2015. E.S. was paying for care privately from her own savings at that time. Realizing in December 2016 that E.S.’s financial resources would cover the cost of care for only a few more months, B.S., E.S.’s daughter and authorized representative, asked Brookdale to start.. read more →
In August 1998, M.A., and her daughter, also named M.A., opened a bank account at Hudson United Bank, which is now TD Bank. M.A.’s daughter contributed all of the funds to the bank account. While both petitioner and her daughter each had a legal right to independently withdraw funds from the bank account, petitioner never.. read more →
Peter and his brother Sheldon are the only children of Anna Biber. Anna owned a home in Morristown, where she lived with Sheldon. In 1994, when Anna’s health began to decline, Peter was appointed her guardian. In 1998, Anna’s healthcare expenses increased significantly. Since his mother had insufficient assets to pay for care, Peter began.. read more →
Lawsuit By Nursing Home Against Daughter of Resident Who Transferred Money to Herself Dismissed
New Jersey appeals court held that a nursing home does not have standing to bring a lawsuit against the daughter/power of attorney of a resident who transferred the resident’s money to herself, causing a Medicaid penalty period. Future Care Consultants v. M.D. (N.J. Super. Ct., App. Div., No. A-4565-17T1, July 5, 2019). M.D. cared for her.. read more →
M.M. filed for Medicaid benefits on three occasions. In June 2018, M.M. filed her first Medicaid application. Benefits were denied due to excess income; that is, her income exceeded the monthly cost of the assisted living facility (ALF) where she resided. She received $6,141.93 per month from an annuity she purchased for $73,673.11 in May.. read more →
N.S., who was 87 years old and residing in a nursing home, submitted an application for Medicaid benefits through his authorized representative, L.P. Prior to his admission to the nursing home, N.S. resided with his wife, D.S., who was 86 years old. For months after the application was filed, the Medicaid caseworker requested additional documents.. read more →
A power of attorney does not have to return money she took from her now deceased principal because the power of attorney removed the money for Medicaid planning purposes. In re Estate of Hirnyk (Pa. Super. Ct., No. 84 WDA 2018, April 16, 2019). Maria Hirnyk, a Ukrainian immigrant, did not drive and required assistance with.. read more →
In 1986, Plaintiff Andres Nieves, Sr. purchased a home in Dover, New Jersey (the “home”) with his son, Andres Nieves, Jr. (“Nieves, Jr.”) In 2002, plaintiff suffered a stroke rendering him unable to perform various “activities of daily living” without assistance. Plaintiff resided in the home with his son until he entered a long-term care.. read more →
Z.P. was a resident of Aristacare at Cedar Oaks in South Plainfield, New Jersey. Z.P. filed for Medicaid benefits and was found to be medically and financially eligible as of December 1, 2016. However, Z.P. made transfers for less than fair market value within five years of the application date for Medicaid. As a result,.. read more →
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