The New Jersey appellate division sustained the denial of Medicaid benefits based upon the applicant’s failure to submit documents necessary to verify his eligibility. Even though the Medicaid applicant was incapacitated due to dementia, could not speak, and whose agent under his power of attorney failed to assist, the court held that the Medicaid agency.. read more →
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2020 Elder and Disability Law Retreat to be held virtually via ZOOM on July 30, 2020 by the New Jersey State Bar Association Elder and Disability Law Section and the New Jersey Institute for Continuing Legal Education. Mr. Vanarelli will participate in a panel of attorneys.. read more →
The Quick Guide for Families summarizes the information in the Policies and Procedures Manuals prepared by the New Jersey Department of Human Services’ Division of Developmental Disabilities (DDD) for the DDD’s Medicaid waiver programs, the Supports Program and Community Care Program. The Quick Guide summarizes the eligibility rules and regulations governing the Supports Program and.. read more →
Many guardians are wondering how the COVID-19 pandemic will impact their responsibilities. The National Guardianship Association, the American Bar Association Commission on Law and Aging, and the National Center for State Courts have worked together to develop a list of “Frequently Asked Questions” or FAQs. Throughout the list of FAQs, they have provided suggestions and.. read more →
B.M. was incapacitated since birth. E.M. and plaintiff L.M. are her siblings. L.M. lived with B.M. for twenty-seven (27) years. and she provided for B.M.’s care, After her mother’s death, B.M. was declared mentally incompetent. L.M. was the appointed guardian of B.M.’s person, and E.M. was the appointed guardian of B.M.’s property. The two guardians.. read more →
This promotional video is presented as an introduction to the “Estate and Disability Planning” Video Series Program. “Estate and Disability Planning” is a 4-part video series presented by noted Certified Elder Law Attorney and Accredited Veterans Attorney Donald D. Vanarelli, Esq. The video series covers a number of crucial elder law topics for New Jersey.. read more →
This promotional video is presented as an introduction to the “Guardianship Practice: A Step-By-Step Guide” Video Series. This video series was presented by noted Certified Elder Law Attorney, Donald D. Vanarelli, Esq., as part of Elder Law College Lecture program. The Elder Law College program is sponsored annually by the New Jersey Institute for Continuing.. read more →
Yesterday, April 9th, the New Jersey judiciary launched The Judiciary Electronic Document Submission (JEDS) system, an electronic filing system to ease the filing of cases and slow backlogs while the state remains under an extended health emergency. The JEBS system will allow attorneys and litigants who represent themselves to file their papers electronically in most.. read more →
The New Jersey Supreme Court has approved temporary adjustments to the process for seeking an adjudication of incapacity of an adult and the appointment of a guardian of the person and/or estate. Based on social distancing requirements, the court rules and regulations governing the procedures for obtaining guardianship over incapacitated adults are relaxed to permit.. read more →
The New Jersey Supreme Court issued its First Omnibus Order on March 27, 2020 extending by 30 days the deadlines for the suspension of court proceedings and other matters in light of the ongoing public health emergency caused by COVID-19. The previous orders involved criminal, civil, family, tax and municipal courts, and suspended civil and.. read more →
Listed below are the top ten (10) posts on the Vanarelli Law Office blog with the highest readership last year, in 2019. After each hyperlinked blog post title, the original post date is included. Check out the list to see this year’s highlights. Our sincere thanks for taking the time to read our blog! .. read more →
Below, in chronological order, is the annual roundup of the top 10 elder law decisions across the nation for the past year, as measured by the number of “unique page views” of the summary of the decision received on the ElderLawAnswers website. ElderLawAnswers is a web-based resource available for those in the public seeking information.. read more →
Based on reports from the local police department, Sussex County Division of Social Services, Adult Protective Services (“APS”) opened an investigation into the well-being of 85-year old Sally Dinoia, who was living with her son. Her son actively opposed the investigation, and his efforts included filing a federal complaint against APS and others involved in.. read more →
The 2020 “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 2020 “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 →
H.R., who had significant cognitive and functional deficits, was admitted to the Hammonton Center for Rehabilitation and Healthcare (Hammonton Center). The Hammonton Center filed a complaint seeking the appointment of a guardian for H.R. While H.R.’s guardianship was still pending, the Hammonton Center filed a Medicaid application with the Atlantic County Board of Social Services.. 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 →
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 →
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 →
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 →
The National Center on Law & Elder Rights recently published the following 10 Tips for Guardians of Older Adults: When courts appoint a family member or friend as a guardian or conservator of an adult, the guardian is sometimes left with minimal training on their new role. The family member or friend must step into the.. read more →
A Texas appeals court held that the state could not count the assets of a Medicaid applicant as “available resources” under the Medicaid rules because the applicant was incapacitated and not able to liquidate the assets. Texas Health and Human Services Commission v. Marroney (Tx. Ct. App., No. 03-18-00190-CV, May 24, 2019). Anna Marroney suffered a.. read more →
Judgment Invalidating Incompetent Person’s Last Will And Testament While He Was Still Alive Affirmed In Pre-Death Will Contest
Harry and Jean Sable were the parents of three adult sons, Michael, Don and Barry. Harry and two partners owned a building in Philadelphia where Harry conducted Harry Sable, Inc., a jewelry business. Harry and Jean had wills prepared in 1994 and 1998 with similar provisions. Harry left his entire estate to Jean if she.. read more →
On December 18, 2018, I presented at the 2018 Elder Law College given by the New Jersey Institute for Continuing Legal Education at the Crowne Plaza, located at 690 Route 46 East, Fairfield, New Jersey. Basically, my presentation was an overview of the laws governing Medicaid Planning by Guardians in New Jersey. (I first wrote about the.. read more →
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2018 Elder Law College given by the New Jersey Institute for Continuing Legal Education on December 18, 2018 at the Crowne Plaza, located at 690 Route 46 East, Fairfield, New Jersey. Mr. Vanarelli will provide an overview of the laws governing Medicaid Planning by Guardians in.. read more →
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