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 →
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 →
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 →
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 →
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 →
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 →
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 →
On April 26, 2019, the U.S. Department of Housing and Urban Development (HUD) issued a Notice to state housing agencies concerning the impact of ABLE accounts on eligibility for Section 8 vouchers, public housing and a host of other federal housing programs. ABLE accounts were created in 2014 by the passage of the Achieving a.. read more →
The New Jersey legislature has passed a medical aid in dying bill which Governor Murphy has indicated he will sign. The new law states that [New Jersey] affirms the right of a qualified terminally ill patient, protected by appropriate safeguards, to obtain medication that the patient may choose to self-administer in order to bring about.. read more →
The Social Security Administration (SSA) is proposing regulations which may make it more difficult for people who don’t speak English to qualify for disability benefits. Under planned regulations released February 01, 2019, the SSA would no longer consider a person’s “inability to communicate in English” when reviewing applications, both for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. The.. read more →
This blog post discusses recent changes in how the Social Security Administration (SSA) evaluates disbursements from trusts, particularly special needs trusts. SSA regulations are published by the agency and compiled in the Program Operations Manual System (POMS). The POMS is a primary source of information used by Social Security employees to process claims for Social.. read more →
Social Security Disability Insurance (SSDI) is one of the major federal programs that provides monetary assistance to people with disabilities. Supplemental Security Income (SSI) is a federal program that helps people with disabilities and very low income and assets pay for food and shelter. SSDI is often confused with SSI. Although both programs pay benefits to.. read more →
The Handbook for Helping People Living Alone with Dementia Who Have No Known Support provides practical guidance as well as tools for helping a person living alone who does not have informal supports, including people with dementia who have a caregiver that cannot provide support. The handbook includes practical strategies for identifying people who are.. read more →
(This post was prepared by guest bloggers, Beth Manes and Jessica Weinberg, attorneys whose practice is focused on special education law. Their law firm is located in Westfield, NJ: Manes & Weinberg | Special Needs Lawyers, LLC.) Once the first marking period in the new school year is over, it is time to assess the.. read more →
For additional information concerning nursing home law and litigation, visit: Nursing Home Law and Litigation read more →
After a trial court, expressing its disagreement with the legislative policy underlying special needs trusts, placed only a portion of the net settlement proceeds of a lawsuit brought on behalf of a severely disabled person into a special needs trust and ordered the remaining funds be paid directly to the disabled person, resulting in the.. read more →
Caring for a loved one who is sick or disabled? Learn more about obtaining a New Jersey state identification card for your loved one from this article published in the August 13, 2018 edition of the Star-Ledger newspaper. The article is reproduced in full below. If you do not have a driver’s license, a New.. read more →
Westfield, NJ – June 19, 2018 — Donald D. Vanarelli, Esq. (https://vanarellilaw.com/) will participate in the New Jersey Institute for Continuing Legal Education’s 2018 Elder Law in a Day Seminar held on July 11, 2018 at the New Jersey Law Center in New Brunswick, NJ. Mr. Vanarelli will provide the “Case Law Update: The Year.. read more →
In September 2015, Y.M. was declared an incapacitated person, and the Office of the Public Guardian (OPG) was appointed as Y.M.’s guardian. Y.M. was a resident of Hudson View nursing home. The month after its appointment as guardian, OPG filed a Medicaid application on behalf of Y.M. After the application was denied, Hudson View filed.. read more →
On his HBO show, Last Week Tonight, John Oliver provided a scary and funny explanation of how guardianship works, ending with a public service announcement by William Shatner, Lily Tomlin and others explaining steps you can take to avoid the guardianship. The video is embedded above. The show focused on the abuses of a professional.. read more →
Following their divorce, the decedent, John Garay, and his ex-wife owned a parcel of real property as equal tenants in common. Upon John’s death, the property was owned equally by John’s estate and the ex-wife. The co-executors of John’s estate were two of the Garays’ thirteen children. In 2013, the property was sold to one.. read more →
On May 8, 2018, the Veterans Affairs (VA) Committee of the U.S. House of Representatives passed H.R. 299, the Blue Water Navy Vietnam Veterans Act of 2017. The bill would restore benefits to thousands of Vietnam veterans; expand inclusive dates to those who served along the Korean demilitarized zone (DMZ); and, benefit children born with.. read more →
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