Conceding defeat in the courts, the National Association of State Medicaid Directors (NASMD) has sent a letter to the Center for Medicare and Medicaid Services (CMS) requesting that the agency revisit its treatment of community spouse annuities. In the Omnibus Budget Reconciliation Act of 1993, Congress delegated the treatment of annuities in the Medicaid program.. read more →
State v. Kennedy, 61 N.J. 509 (1972) explored the issue of “legally authorized” transfers made by an agent under a power of attorney. Kennedy obtained a power of attorney that was assumed to have been executed by the elderly victim, authorizing Kennedy to draw upon the victim’s bank accounts. Kennedy misappropriated most of the money.. read more →
Two recent non-NJ courts have taken a look at what constitutes “good faith” by a party ordered into mediation, with different outcomes hinging on weather the court viewed the actions of the mediator in reporting a party’s conduct in mediation as a breach of confidentiality. Anthony vs. Andrews, 2009-Ohio-6378 – In this Ohio medical malpractice.. read more →
Social Security’s annual surplus nearly evaporated in 2009 for the first time in 25 years as the recession led hundreds of thousands of workers to retire or claim disability. Social Security took in only $3 billion more in taxes last year than it paid out in benefits — a $60 billion decline from 2008, according.. read more →
Time for a review of February’s most popular articles posted to the Vanarelli Law Office Blog. The original post date, along with a short summary of the content of each post, are included after each hyperlinked title. New Tax Basis Rules In Estate And Elder Law Planning – January 14, 2010. This post briefly summarizes.. read more →
In what may be considered a victory of judicial deference over equity, this week our Appellate Division affirmed Medicaid’s denial of eligibility to an incapacitated applicant, based on the applicant’s ownership of assets that she was not aware she owned. In W.B. v. Division of Medical Assistance and Health Services (“DMAHS”), No. A-5658-07T1 (N.J. App… read more →
Yesterday, a discussion took place on a New Jersey elder and disability law listserv between several attorneys who regularly handle cases involving Division Of Developmental Disabilities (DDD) clients concerning a recent and significant change to the availability of DDD day program services. I have recreated the listserv discussion below by combining statements made in emails.. read more →
The ultimate purpose of the special education laws is “to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and to prepare them for further education, employment and independent living.” Special education laws give families of.. read more →
Time for our regular review of last week’s most popular articles posted to the Vanarelli Law Office Blog. The original post date, along with a short summary of the content of each post, are included after each hyperlinked title. Federal Estate Tax Repealed, But “Carryover Basis” Rules Instituted, In 2010 – January 27, 2010. Here,.. read more →
Don Vanarelli’s Unofficial List of the TOP TEN REASONS TO ATTEND THIS YEAR’S ELDER LAW RETREAT 10. You’ll be able to hobnob with the attorneys who put the “Elder” in Elder Law. 9. If you’re in Cape May, you’re not in your office. 8. Congress Hall hotel has 2 bars and 1.. read more →
Plaintiff Barry Sable was named by his father Harry Sable as agent under his father’s power of attorney. Several years later, Barry’s brother Michael Sabel filed a lawsuit seeking guardianship of his father and Barry’s removal as Harry’s power of attorney. After a number of hearings, the Court declared Harry to be incapacitated, appointed a.. read more →
The Social Security Administration (SSA) announced on Thursday, February 11, 2010, that the agency is adding 38 more conditions to its list of Compassionate Allowances conditions. This is the first expansion of the list of Compassionate Allowances conditions since the original list of 50 conditions – 25 rare diseases and 25 cancers – was announced.. read more →
In case you missed any of them, here are our most popular blog posts from last week. The original post date, along with a short summary of the content of each post, are included after each hyperlinked title. Federal Estate Tax Repealed, But “Carryover Basis” Rules Instituted, In 2010 – January 27, 2010. Here, the.. read more →
Each year, the Elder and Disability Law Section of the New Jersey State Bar Association holds its annual Elder Law Retreat, an exciting two day event for practitioners and others interested in improving the lives of the aged and disabled in our State. As Vice-Chair of the Section this year, I am in charge of.. read more →
In Duffy v. Velez, Civ. No. 09 – 5539 (D.N.J. 2010), plaintiff was a disabled person who received needs-based government benefits, including Medicaid benefits while in the community. The availability of the benefits was based upon an applicant’s income. Individuals who earn up to $2,022 per month are eligible for benefits at the “categorically needy”.. read more →
In J.C. v. Division of Medical Assistance and Health Services and the Ocean County Board of Social Services, ____ N.J. Super. ____ (App. Div. 2010), petitioner was determined to be totally disabled due to a work place injury by a workers’ compensation (WC) court in New Jersey, and awarded $308 per week in WC benefits… read more →
Lately, I have seen a deceptive business practice beginning in New Jersey and the Northeastern states which, until recently, was largely confined to California and other western states. That is, the practice by certain companies of presenting themselves as non-profit organizations dedicated to assisting veterans by offering to prepare a veteran’s application for Aid and.. read more →
In case you missed any of them, here are our most popular blog posts from last week. The original post date, along with a short summary of the content of each post, are included after each hyperlinked title. Gift Tax Annual Exclusion Amount Unchanged In 2010 – October 31, 2009. The subject of this post.. read more →
Have you noticed the enormous growth in the user base of the internet and social media? Hard to miss it, I know. The numbers of friends and neighbors, even strangers apparently, who regularly use the internet and social media such as Facebook, Linked In and Twitter is staggering, and the growth rate in the past.. read more →
On January 31, 2010, the New Jersey Institute for Continuing Legal Education (NJICLE) hosted the annual Family Law Symposium. This year, this “must attend” annual event for New Jersey family law attorneys had the largest audience of any program ever held by NJICLE: 650 family lawyers were in attendance. One program identified the “top 10.. read more →
This recent case involves the intersection of estate law and family law. In Kay v. Kay, 405 N.J. Super 278 (App. Div. 2009), aff’d, ____ N.J. ___ (2010), the New Jersey Supreme Court, in a per curium or unanimous decision by the entire court, affirmed an Appellate Division decision holding that the estate of a.. read more →
Here are our top 5 most popular posts in January. The original post date, along with a short summary of the content of each post, are included after each hyperlinked title. Gift Tax Annual Exclusion Amount Unchanged In 2010 – October 31, 2009. The subject of this post was quite simple: The gift tax annual.. read more →
Westfield, New Jersey – The National Academy of Elder Law Attorneys (NAELA) has announced that Donald D. Vanarelli, Esq., a Certified Elder Law Attorney and Accredited Veterans Attorney with offices in Westfield, NJ, has attended the 2010 NAELA UnProgram, an unstructured learning experience that emphasizes peer-to-peer education, held in Dallas, Texas, on January 22-24. Some.. read more →
In the recent case of Rossius v. Krasheninnikoff, plaintiff filed a complaint in which she alleged undue influence by the defendant upon the decedent after she discovered that defendant had obtained letters testamentary from the Ocean County Surrogate’s Court by falsely claiming that he was kin to the decedent. After a three day trial, the.. read more →
Contrary to the expectations of many practitioners including the writer, Congress did not amend the federal estate tax laws in 2009. As a result, the Economic Growth and Tax Reconciliation Act of 2001 (“EGTRA”), passed by President George W. Bush, controls. EGTRA makes substantial changes to the federal estate tax laws in 2010 and thereafter… read more →
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