Many states are now giving Medicaid-eligible seniors a monthly stipend they can use to hire family, friends and/or professionals to care for them at home. The program, called Cash and Counseling, already exists in 15 states and is expected to be implemented soon in 18 more. Cash and Counseling offers Medicaid consumers who have disabilities.. read more →
According to a recent article in The Philadelphia Inquirer, the New Jersey Office of the Public Advocate is investigating allegations that a company operating eight assisted living facilities in South Jersey improperly discharged residents when their savings ran out. Public Advocate Ronald K. Chen is scheduled to appear in Court in early June 2008 to.. read more →
NJBIZ is a weekly magazine covering business news in New Jersey. In the May 5, 2008 edition of NJBIZ, the top 25 mediators in the Business/Commercial practice areas were identified by the publication. The selections were based on the total number of cases mediated. I am proud to report that I was rated No. 20.. read more →
As I’ve written on other occasions, as life spans increase, the prospects for sibling squabbles over Mom and Dad grow more likely. One growing trend: custody battles involving adult children fighting over where their elderly parents should live, who should care for them and who should control the finances. These family squabbles have given rise.. read more →
Will aging baby-boomers who wish to remain at home in their later years (called “aging in place”) soon be able to do so while they are monitored remotely by their adult children who use high-tech devises to ensure the “old folks” are safe and compliant with their health care regimen? According to the NY Times,.. read more →
This is not a new guide but I think it is still one of the best. It provides a solid understanding of long-term care insurance. For years, I have provided a copy of the guide to new clients along with draft copies of estate documents. Long-term care insurance is a critical component of estate and.. read more →
Recently, I wrote about the fact that VA Aid & Attendance Benefits are not countable as income in determining eligibility for Medicaid benefits. The same is true for Supplemental Security Income benefits. That is, VA Aid & Attendance Benefits are not countable as income in determining eligibility for SSI benefits either. The regulation is contained.. read more →
I recently received a denial notice from the local Medicaid agency in a case in which the applicant’s Medicaid estate plan involved making a loan to a relative. The borrowing relative signed a promissory note agreeing to repay the note each month at a regular payment amount with included a reasonable interest rate. The note.. read more →
Hundreds of health care workers braved windswept rain outside the Statehouse recently to protest nearly $200 million in proposed cuts to hospitals and nursing homes. Many wore surgical masks that read, “These cuts make me sick.” Most of the hospital cuts proposed in Gov. Jon Corzine’s budget would come from money the state provides to.. read more →
Changes in our health are inevitable as we get older. But while doctors tell us to focus on the basics — eat right, exercise and keep cholesterol and blood pressure in check— is there more that we need to know about staying well as we age? This special section discusses new information that science and.. read more →
New Jersey issued updated numbers for calculating Medicaid eligibility in 2008. They are: Minimum Community Spouse Resource Allowance – $20,880.00 Maximum Community Spouse Resource Allowance – $104,400.00 Resource Allowance for an Individual – $2,000.00 Resource Allowance for a Couple (both husband and wife in a nursing home) – $3,000.00 Minimum Monthly Maintenance Needs Allowance through.. read more →
In McAuliffe vs. Benish, Superior Court of New Jersey, Appellate Division, plaintiffs, the adult daughters of the decedent testator, brought a lawsuit against the romantic partner of their deceased father, seeking an order directing her to pay the estate and inheritance taxes on the home that she inherited from the decedent as joint tenant with.. read more →
Until recently, I paid absolutely no attention to the annual announcement of New Jersey’s Super Lawyers. Having practiced law for 25 years, I’d seen my share of wins and losses, both the result of hard work, mental toughness and grit, with the wins often separated from the losses by what seemed to me to be.. read more →
Our office offers Collaborative Divorce services. In a Collaborative Divorce, each of the spouses and their attorneys sign an agreement committing themselves to resolving the issues in the divorce without going to court. The agreement also provides that if either spouse decides to litigate the case in court, both of the attorneys will withdraw from.. read more →
Elder law a niche legal practice area. Only 39 lawyers in New Jersey have been certified as elder law attorneys by the National Elder Law Foundation (NELF) of Tucson, Ariz., which is authorized by the American Bar Association to grant the certification. The foundation has certified fewer than 400 elder law attorneys nationwide. Certified elder.. read more →
The federal Deficit Reduction Act of 2005 (DRA), which became effective on February 8, 2006, made major changes to the federal Medicaid law. One such major change in the federal law is in the treatment of annuities owned by the spouse of a Medicaid applicant (called the “Community Spouse” in the law) . Under the.. read more →
On March 12, 2008, Washington State Governor Christine Gregoire signed into law House Bill 3104, extending 170 legal rights and responsibilities to couples in same-sex relationships. Among the new responsibilities is that the state will treat surviving members of same-sex couples (”domestic partners” in the law) the same as surviving spouses of married couples for.. read more →
I recently read two interesting articles and a study on the ever-increasing costs of long-term care, both in the nation and New Jersey. The articles are found in the Houston-Chronicle and the Star-Ledger, while the study, in which researchers examined data from more than 10,000 nursing homes, assisted living facilities and in-home care providers nationwide… read more →
An administrative law judge has concluded that an individual who is trying to avoid nursing home care by applying for home- or community-based coverage under a Medicaid waiver program, but who has made a transfer during the look-back period, must have the penalty period begin on the date on which the applicant would otherwise be.. read more →
Donald D. Vanarelli, Esq. was among the 140 attendees of the 2nd Annual Meeting of the Academy of Special Needs Planners, which took place March 28-29 in New Orleans. Special needs planning is one of the fastest-growing areas of estate planning. Attorneys in the field focus on helping individuals with special needs and their families.. read more →
Members of the Elder Mediation Center of New Jersey will present an informative workshop entitled “Bioethical Decision-Making: Conflict Resolution in Health Care” at the annual conference of the National Association of Social workers (NASW) to be held at the Trump Taj Mahal in Atlantic City from May 4-6, 2008. Social Workers will earn 4 continuing.. read more →
Certified Elder Law Attorney Donald D. Vanarelli, Esq. is among the contributors to The CPA’s Guide to Long-Term Care Planning, just published by the American Institute of Certified Public Accountants (AICPA) and available at Amazon.com. The demand and cost for long-term care services are expected to skyrocket in the next two decades. It is estimated.. read more →
The Elder Mediation Center of New Jersey, a collaborative alliance comprised of independent mediators, attorneys, geriatric care managers and other eldercare professionals, is proud to announce the opening of its practice center as of March 1, 2008. The Elder Mediation Center of New Jersey provides efficient, knowledgeable, affordable alternate dispute resolution services designed to resolve.. read more →
I recently litigated two different cases in the Superior Court, Union County, each involving the financial exploitation of the elderly. In one case, a non-relative “friend” took a frail, elderly widow into her home as a tenant. The elderly widow had no family in NJ. The friend acted as caregiver for the elder, and the.. read more →
In recent presentations to staff at assisted living facilities, I was told that staff members hesitated to recommend to appropriate facility residents that they should apply for Veteran’s Administration (VA) Aid & Attendance benefits, even when the residents had limited income and/or resources and would financially benefit from the additional income that the VA benefit.. read more →
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