Ruling that a state statute violated federal Medicaid law, a federal district court granted a preliminary injunction preventing Connecticut from denying Medicaid benefits to an applicant seeking to disregard his spouse’s assets using the doctrine of spousal refusal. Fortmann v. Starkowski(D. Ct., No 3:10cv1562 (JBA), Sept. 28, 2011). Bernhard Fortmann, a nursing home resident, applied.. read more →
(The 14th Annual Elder and Disability Law Symposium was held on September 21, 2011 at the New Jersey Law Center, in New Brunswick, NJ. This year, along with a formal presentation on assigning income to special needs trusts, I gave the case law update at the opening plenary session by summarizing the top ten (10).. read more →
Below I’ve listed the most popular content on the Vanarelli Law Office blog and website in September 2011. Certain “Blue Water” Navy Vietnam Veterans Now Eligible For Agent Orange Presumptive Service-Connected Compensation Benefits Summary Of Changes To The Estate And Gift Tax Laws In 2011 And 2012 Resulting From Enactment Of The “Tax Relief, Unemployment.. read more →
Plaintiff, Disability Rights New Jersey (“DRNJ”) filed a lawsuit in federal district court in Newark, NJ against defendant Jennifer Velez in her capacity as Commissioner of the New Jersey Department of Human Services (“DHS”). DHS is a state agency that provides medical care and assistance programs for economically disadvantaged or disabled residents of New Jersey… read more →
(This is the first of a 4-part blog post on the subject of the assignment of various types of income to a special needs trust. The upcoming posts discuss the assignment of alimony, child support, annuities, IRAs and other retirement benefits to a special needs trust. This first post discusses the public policy background of.. read more →
Most people die without having executed a valid Last Will and Testament. Among the factors cited for the decision not to execute a will are: the legal fees associated; the reluctance to confront one’s own mortality; a general distaste of lawyers; the belief that a will is only necessary for those with large estates; and.. read more →
The most enduring innovations marry art and science. To create the future, you can’t do it through focus groups. Never fear failure. You can’t connect the dots forward – only backward. Listen to that voice in the back of your head that tells you if you’re on the right track or not. Expect a lot.. read more →
In Sable v. Velez, applicants were denied Medicaid because of promissory notes owned by the applicants. Each note was properly signed, and contained a specified interest rate and repayment schedule. Medicaid found the promissory notes to be countable after determining that the notes qualified as a “trust-like device.” In their suit in federal court under.. read more →
The Director of New Jersey Medicaid recently decided that, when a couple is institutionalized, the resources of the couple are not combined when determining Medicaid eligibility. Rather, the resources of each spouse must be considered separately. Therefore, when only one spouse applies for Medicaid benefits and that spuse’s resources alone do not exceed the resource.. read more →
For most of her life, V.P. resided in her home with her adult son, R.P. V.P. suffered from many significant impairments, including spinal scoliosis and other degenerative diseases of the spine, hypertension, diabetes, gastroesophageal reflux disease, anxiety, and frequent urinary tract infections. As a result of her poor health, V.P. relied upon her son R.P… read more →
The Law Office of Vanarelli & Li, LLC offers alternatives to the litigation of family conflicts through the use of Mediation and Collaborative Law. We specialize in Estate and Elder Mediation, a specialized form of mediation to help elders, the disabled and their families resolve conflict. In resolving issues that confront divorcing couples, we offer.. read more →
A New Jersey appeals court held that a Medicaid applicant who transferred money to her daughter and then a few months later received a life estate in her daughter’s home made a gift to the daughter rather than engage in a bona fide transaction involving the purchase of a life estate, resulting in the imposition.. read more →
Last month, the Standing Committee on Ethics and Professional Responsibility of the American Bar Association (ABA) issued two new ethics opinions clarifying an attorney’s duty to protect confidential client information when email, text messages or other electronic communications are sent or received. ABA Formal Ethics Opinion 11-459, issued on August 4, 2011, is entitled “Duty.. read more →
Below I’ve listed the top 6 articles on the Vanarelli Law Office Blog and Website in August 2011. Mediator Malpractice In New Jersey Disqualifying Opposing Counsel In A Lawsuit Involving Abuse Of A Power of Attorney The Legitimate Use of Personal Services Contracts in Long-Term Care Planning Medicaid Liens and Estate Recovery in New Jersey.. read more →
Title 38 of the United States Code. This is the section of the codified laws of the United States that applies to benefits provided through the Department of Veterans Affairs (VA). The United States Code is a compilation and codification of the general and permanent federal laws of the United States. Section 38 of the Federal Regulations… read more →
Plaintiff husband and his wife were involved in divorce proceedings. In connection with those proceedings, plaintiff’s wife hired defendants, Innovative Investigations, Inc., and its principal Richard P. Leonard, to investigate plaintiff’s suspected infidelities. In the course of the investigation, defendant Leonard suggested to plaintiff’s wife that she place a GPS device on a family vehicle.. read more →
A law firm accused of malpractice for allegedly turning down a settlement offer lost its bid to compel a federal mediator to testify about settlement negotiations between the parties at the mediation. McKissock & Hoffman, P.C. v. Waldron, Civil Action No. 10-7108 (E.D. PA, August 4, 2011) This federal district court case grew out of.. read more →
An appellate court in New Jersey recently enforced an oral settlement agreement reached during non-binding, confidential mediation even though the agreement was not reduced to writing immediately. Willingboro Mall Ltd. v. 240/242 Franklin Avenue Associates LLC In this case, the plaintiff and defendants were commercial real estate entities and persons involved in management of the.. read more →
An aged, low-income tenant with disabilities recently prevailed in a lawsuit filed against the Santa Monica Housing Authority, which had incorrectly increased her monthly rent by counting as income money received in a settlement and deposited into a Special Needs Trust. Sheila Finley v. City of Santa Monica, Case No. BS – 127077 (Superior Court.. read more →
Very often, family members provide assistance in caring for an aged or disabled loved one. The assistance is often provided at great personal and financial sacrifice by the family member involved in care-giving. One way to alleviate the financial sacrifice experienced by the care-giver to some extent is by utilizing a Personal Services Contract (“PSC”)… read more →
At the time of the Court’s decision, Marie Fecoskay was an 87 year old woman who had been admitted to the hospital because of an infection. A few days after admission, Mrs. Fecoskay went into cardiac arrest, became comatose as a result of oxygen deprivation and was placed on a ventilator with feeding tube. The.. read more →
Rita Stein, on behalf of herself and as executrix of the estate of her deceased husband Milton Stein, filed a lawsuit in federal court against the County of Nassau, the Nassau County Police Department, and four emergency responders. Rita claimed that the emergency responders violated her and her husband’s rights under the Fourth, Fifth, and Fourteenth.. read more →
Below I’ve listed the top 5 articles on the Vanarelli Law Office Blog in July 2011. Apparently, there were alot of visitors to the blog last month interested in reading about veterans benefits. New VA Fiduciary Internet Site. VA Compensation Claims and the “Medical Nexus” Requirement. The Basics of VA Pension Benefits. Top 10 Veterans Service-Connected.. read more →
I am presently involved in a lawsuit in which my clients, three adult children of their now deceased father, are suing their deceased father’s former agent under a Power of Attorney. As alleged in the Verified Complaint filed by plaintiffs, the adult children claimed that the decedent either was incompetent when he signed the Power.. read more →
Vanarelli & Li, LLC on Social Media