2016 News and Events

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Donald D. Vanarelli, Esq. to Present at the 2017 Elder Law College

Donald D. Vanarelli, Esq. (https://vanarellilaw.com/) will present at the 2017 Elder Law College given by the New Jersey Institute for Continuing Legal Education on December 14, 2016 at the Crowne Plaza, located at 690 Route 46 East, Fairfield, New Jersey.

Mr. Vanarelli will provide an overview of the new laws in New Jersey governing guardianships and evolution of the law over the past year. For additional information regarding this event, attorneys may contact the New Jersey Institute for Continuing Legal Education (NJICLE) at 732-214-8500 or visit their website at http://www.njicle.com/.

For additional information regarding guardianships, conservatorships and fiduciary services, as well as elder law and estate planning issues, contact the Law Office of Donald D. Vanarelli at 908-232-7400, or visit online at https://vanarellilaw.com/.

The agenda for the 2017 Elder Law College program follows:

Download (PDF, 64KB)

Moderator/Speaker:
Donald M. McHugh, Esq.,CELA, CAP
McHugh & Macri (East Hanover)
Speakers include:
Cathyanne Pisciotta, Esq.
Pisciotta & Menasha, LLC (North Brunswick)
Jonathan Bressman, Esq.
Law Office of Jonathan Bressman, LLC (Fairfield)
John W. Callinan, Esq., CELA
Past Chair, NJSBA Elder and Disability Law Section
Law Office of John W. Callinan (Wall)
Richard Angelo
Zager Fuchs, PC (Red Bank)
Linda Ershow-Levenberg, Esq., CELA
Fink Rosner Ershow-Levenberg, LLC (Clark)
Lauren Marinaro, Esq.
Past Chair, NJSBA Elder and Disability Law Section
Fink Rosner Ershow-Levenberg, LLC (Clark)
Donald D. Vanarelli, Esq.
Recipient, Lifetime Achievement Award, NJ State Bar, Elder & Disability Law Section
Certified Elder Law Attorney, by the ABA-accredited National Elder Law Foundation
Past Chair, NJSBA Elder and Disability Law Section
Law Offices of Donald D. Vanarelli (Westfield)
Shirley B. Whitenack, Esq.
Immediate Past President, National Association of Elder Law Attorneys
Past Chair, NJSBA Elder and Disability Law Section
Schenck, Price, Smith & King, LLP (Florham Park)
About the Program:

Elder Law Practice is one of the top growing areas of the law nationwide. If you are looking for an opportunity to earn CLE credit while brushing up on the latest in Estate Planning and other senior law matters, this seminar is for you.

America is graying, and more attorneys are being asked to handle issues involving aging clients. This is a growing segment of the population and their issues are unique. In just one day, this novice level seminar will address these issues and provide you with the solid foundation and practical strategies that you need when handling elder law matters.

Don’t miss out on this extraordinary opportunity to learn from some of New Jersey’s most experience Elder Law practitioners!

This comprehensive one-day college will provide you with everything you need to confidently handle Elder Law matters in your practice, including:
Tax and estate planning strategies
Medicaid planning
Probate and guardianship mediation and litigation
Social security issues
Guardianships and conservatorships
Special needs trusts
The new waiver process under Managed Long Terms Services and Supports (MISTS)
Nursing home admissions, discharges and the protected rights of clients
Home care options
..and more!
CLE Credits:
NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 6.7 hours of total CLE credit.
NJ CLE: This program has been approved for 6.7 credits (50 minute hour)
PA CLE: 5.5 substantive credits pending
NY CLE 6.5 professional practice credits
CPE: 6.5 taxation credits

Door Registration: $225

Would you like to fax your registration to us?
Click here for PDF registration form.
Group Registrations:
Interested in registering a group for this program? Click here for a PDF order form.
About Donald D. Vanarelli

Recipient of the Marilyn Askin Lifetime Achievement Award from the New Jersey State Bar Association’s Elder and Disability Law Section, Donald D. Vanarelli is a Certified Elder Law Attorney, and a member of the Council of Advanced Practitioners of the National Academy of Elder Law Attorneys. Mr. Vanarelli is also an Accredited Veterans Attorney and an Accredited Professional Mediator. He has successfully litigated cases in New Jersey’s Supreme Court and in federal court. Mr. Vanarelli represents seniors, the disabled and their families in estate planning, financing long-term medical care, nursing home issues, qualifying for Supplemental Security Income, Medicaid and other public benefits, special needs planning, and litigation, including probate, elder abuse and guardianship lawsuits.

About The Law Office of Donald D. Vanarelli

Located in Westfield, New Jersey, the firm provides a broad range of legal services for seniors, the disabled and their families. The law firm guides clients through complex legal areas including public benefits planning, trial advocacy and court procedures, the administrative process, as well as estate and gift tax laws.

Contact: Ginny Morrissey, The Law Office of Donald D. Vanarelli, Tel: 908-232-7400, Email: gmorrissey@VanarellilLaw.com

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Donald D. Vanarelli, Esq. to Present at the 2016 Elder Law College

Donald D. Vanarelli, Esq. (https://vanarellilaw.com/) will present at the 2016 Elder Law College given by the New Jersey Institute for Continuing Legal Education on December 14, 2016 at the Crowne Plaza, located at 690 Route 46 East, Fairfield, New Jersey.

Mr. Vanarelli will provide an overview of New Jersey law concerning guardianships and conservatorships. For additional information regarding this event, attorneys may contact the New Jersey Institute for Continuing Legal Education (NJICLE) at 732-214-8500 or visit their website at http://www.njicle.com/.

Don’t miss out on this unique opportunity to learn from some of New Jersey’s most experienced Elder Law practitioners!

For additional information regarding guardianships, conservatorships and fiduciary services, as well as elder law and estate planning issues, contact the Law Office of Donald D. Vanarelli at 908-232-7400, or visit them online at https://vanarellilaw.com/.

Download (PDF, 258KB)

Moderator/Speaker:
Donald M. McHugh, Esq.,CELA, CAP
McHugh & Macri (East Hanover)
Speakers include:
Cathyanne Pisciotta, Esq.
Pisciotta & Menasha, LLC (North Brunswick)
Jonathan Bressman, Esq.
Law Office of Jonathan Bressman, LLC (Fairfield)
John W. Callinan, Esq., CELA
Past Chair, NJSBA Elder and Disability Law Section
Law Office of John W. Callinan (Wall)
Rachel Frett
Senior Home Care Services (Morristown)
Linda Ershow-Levenberg, Esq., CELA
Fink Rosner Ershow-Levenberg, LLC (Clark)
Lauren Marinaro, Esq.
Past Chair, NJSBA Elder and Disability Law Section
Fink Rosner Ershow-Levenberg, LLC (Clark)
Donald D. Vanarelli, Esq.
Recipient, Lifetime Achievement Award, NJ State Bar, Elder and Disability Law Section
Certified Elder Law Attorney by the ABA-accredited National Elder Law Foundation
Past Chair, NJSBA Elder and Disability Law Section
Law Offices of Donald D. Vanarelli (Westfield)
Shirley B. Whitenack, Esq.
Immediate Past President, National Association of Elder Law Attorneys
Past Chair, NJSBA Elder and Disability Law Section
Schenck, Price, Smith & King, LLP (Florham Park)
About the Program:
Elder Law Practice is one of the top growing areas of the law nationwide.

If you are looking for an opportunity to earn CLE credit while brushing up on the latest in Estate Planning and other senior law matters this seminar is for you.

America is graying, and more attorneys are being asked to handle issues involving aging clients. This is a growing segment of the population and their issues are unique. In just one day, this novice level seminar will address these issues and provide you with the solid foundation and practical strategies that you need when handling elder law matters.

Don’t miss out on this extraordinary opportunity to learn from some of New Jersey’s most experience Elder Law practitioners!

This comprehensive one-day college will provide you with everything you need to confidently handle Elder Law matters in your practice, including:
Tax and estate planning strategies
Medicaid planning
Probate and guardianship mediation and litigation
Social security issues
Guardianships and conservatorships
Special needs trusts
The new waiver process under Managed Long Terms Services and Supports (MISTS)
Nursing home admissions, discharges and the protected rights of clients
Home care options
..and more!
CLE Credits:
NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 6.7 hours of total CLE credit.
NJ CLE: This program has been approved for 6.7 credits (50 minute hour)
PA CLE: 5.5 substantive credits pending ($24 fee – separate check payable to NJICLE must be submitted at the end of the program)
NY CLE (t&nt): 6.5 professional practice credits
CPE: 6.5 taxation credits

Door Registration: $225

Would you like to fax your registration to us?
Click here for PDF registration form.
Group Registrations:
Interested in registering a group for this program? Click here for a PDF order form.
About Donald D. Vanarelli

Recipient of the Marilyn Askin Lifetime Achievement Award from the New Jersey State Bar Association’s Elder and Disability Law Section, Donald D. Vanarelli is a Certified Elder Law Attorney, and a member of the Council of Advanced Practitioners of the National Academy of Elder Law Attorneys. Mr. Vanarelli is also an Accredited Veterans Attorney and an Accredited Professional Mediator. He has successfully litigated cases in New Jersey’s Supreme Court and in federal court. Mr. Vanarelli represents seniors, the disabled and their families in estate planning, financing long-term medical care, nursing home issues, qualifying for Supplemental Security Income, Medicaid and other public benefits, special needs planning, and litigation, including probate, elder abuse and guardianship lawsuits.

About The Law Office of Donald D. Vanarelli

Located in Westfield, New Jersey, the firm provides a broad range of legal services for seniors, the disabled and their families. The law firm guides clients through complex legal areas including public benefits planning, trial advocacy and court procedures, the administrative process, as well as estate and gift tax laws.

Contact: Ginny Morrissey, The Law Office of Donald D. Vanarelli, Tel: 908-232-7400, Email: gmorrissey@VanarellilLaw.com

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Donald D. Vanarelli, Esq. to Present at the Elder & Disability Law Section Roundtable Discussion on Medicaid Appeals

Westfield, NJ – October 6, 2016 – Donald D. Vanarelli, Esq. (https://vanarellilaw.com/) will participate in the New Jersey State Bar Association’s Elder & Disability Law Section Roundtable Discussion on Medicaid Appeals to be held on October 13, 2016 at the New Jersey Law Center in New Brunswick, NJ.

Mr. Vanarelli will present on “Appealing a Final Agency Decision to the Superior Court, Appellate Division,” an overview of the current laws governing the Medicaid appeals process in the administrative forum and state court.

For additional information regarding elder law issues, including Medicaid applications and appeals, contact the Law Office of Donald D. Vanarelli at 908-232-7400, or visit them online at https://vanarellilaw.com/.

Information about the New Jersey State Bar Association’s Elder & Disability Law Section Roundtable Discussion on Medicaid Appeals can be found below:

New Jersey State Bar Association
Elder & Disability Law Section
Roundtable Discussion

Medicaid Appeals

Thursday, October 13 · 9-11 a.m.
New Jersey Law Center, New Brunswick

2.4 CLE credits

$29 per person (with CLE credits); $6 per person (without CLE credits)

About the Program

Learn where to file a Medicaid appeal, in state or federal court, when a Medicaid application is denied.

Roundtable Coordinator
Benjamin J. Menasha
Pisciotta & Menasha, LLC

Speakers
John W. Callinan
Law Office of John W. Callinan

Daniel J. Jurkovic
Law Office of Daniel J. Jurkovic

Donald D. Vanarelli
Law Office of Donald D. Vanarelli

Jane Fearn-Zimmer
The Rothkoff Law Group

Download the registration form and fax to 732-249-2414, or login to register online. To register by phone, call Member Services 732-249-5000.

For additional information concerning Medicaid applications and appeals, visit:

NJ Medicaid Applications

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Donald D. Vanarelli, Esq. to Present at the 75th Semi-Annual Tax & Estate Planning Forum

Westfield, NJ – May 24, 2016 – Donald D. Vanarelli, Esq. (https://vanarellilaw.com/) will participate in the New Jersey Institute for Continuing Legal Education’s 75th Semi-Annual Tax & Estate Planning Forum to be held on June 1, 2016 at The Imperia in Somerset, NJ.

Mr. Vanarelli will present on “Special Needs Trusts: Trends and Traps,” an overview of the current law governing special needs trusts.

For additional information regarding this event, attorneys may contact the New Jersey Institute for Continuing Legal Education (NJICLE) at 732-214-8500 or visit their website at http://www.njicle.com/.

For additional information regarding elder law issues, including social security eligibility and veterans’ benefits, contact the Law Office of Donald D. Vanarelli at 908-232-7400, or visit them online at https://vanarellilaw.com/.

Information about the 75th Semi-Annual Tax & Estate Planning Forum can be found below:
75th Semi-Annual Tax & Estate Planning Forum

Location: The Imperia, 1714 Easton Ave Somerset, NJ 08873-1332

Date: June 1, 2016

Time: 9:00 AM – 5:00 PM ET

Co-Moderators/Speakers:
John J. Miesowitz, Esq.
Ventura, Miesowitz, Keough & Warner, PC
(Summit)
John L. Pritchard, Esq.
Author, Pritchard’s New Jersey Estate and Trusts –
Statutes, Annotations and Commentary (NJICLE)

Law Offices of John L. Pritchard (Union)
Speakers include:
Robert I. Aufseeser, Esq.
Greenberg Traurig, LLP (Florham Park)
Beth L. Barnhard, Esq.
Rubenstein, Meyerson, Fox, Mancinelli,
Conte & Bern, PA (Montvale)
Andrew J. DeMaio, Esq.
Past Chair, NJSBA Real Property Trusts & Estate Law Section Board of Consultors
Neff Aguilar, LLC (Red Bank)
Richard H. Greenberg, Esq.
Past Chair, NJSBA Real Property, Trust and Estate Law Section
Past Chair, NJSBA Taxation Section
2011 Clapp Laureate
Greenberg & Schulman (Woodbridge)
Bruce E. Mantell, Esq.
Mantell Prince & Reynolds, PC (New Providence)
Jack F. Meola, Esq.
EisnerAmper LLP (Iselin)
John H. Skarbnik, Esq., LLM
Of Counsel, Pashman Stein Walder Hayden, PC (Hackensack)
Donald D. Vanarelli, Esq., CELA

Recipient, Lifetime Achievement Award, NJSBA, Elder and Disability Law Section

Past Chair, NJSBA Elder and Disability Law Section
Law Offices of Donald D. Vanarelli (Westfield)

Steven K. Warner, Esq.
Ventura, Miesowitz, Keough & Warner, PC (Summit)
Program Agenda:
8:15 Continental Breakfast and Registration
9:00 Announcements
9:05 Keynote Presentation:
The Appointment of Special Medical Guardians by the General Equity Part Under Court Rule 4:86-12, and Comparisons to Other Guardianship Actions and Commitment
Proceedings. – Beth L. Barnhard, Esq.
9:35 The Highlights of the New Jersey Uniform Trust Code, N.J.S. 3B:30-1 et seq. Effective July 17, 2016. – Andrew J. DeMaio, Esq.
10:05 Practical Problems in Appraising Tangible Personal Property for Estates –
10:35 Break
10:50 Special Needs Trusts: Trends and Traps – Donald D. Vanarelli, Esq., CELA
11:20 Estate Tax Recent Developments: No New Jersey Estate Tax, But Pay at the Pump? And More –Richard H. Greenberg, Esq.
12:20 Luncheon
1:00 Maximizing Tax Basis to Minimize Capital Gains: Developing a Plan to Wake-Up the Sleeping Dog – Bruce E. Mantell, Esq.
1:30 Planning with Inter Vivos QTIP Trusts – John J. Miesowitz, Esq.
2:00 Is Fido an Asset or a Beneficiary? Estate Planning for Pets as Family Members with Trusts under N.J.S. 3B:ll-38, and Other Techniques – John H. Skarbnik, Esq.
2:30 Break
2:45 Considerations for Non-Resident Estates – Jack F. Meola, Esq.
3:15 The Law of Lost Wills, the Safe-Keeping of Documents, the Ethical Requirements Regarding Client Files, and Related Issues – Robert I. Aufseeser, Esq.
3:45 The Deposition of the Scrivener of the Last Will and Testament, and Lessons for Estate Planning Attorneys – John L. Pritchard, Esq.
4:15 Statutes of Limitation, Laches, and Related Practice Pointers for the Estate Litigator – Steven K. Warner, Esq.
4:45 Conclusion
About Donald D. Vanarelli

Recipient of the Marilyn Askin Lifetime Achievement Award from the New Jersey State Bar Association’s Elder and Disability Law Section, Donald D. Vanarelli is a Certified Elder Law Attorney, and a member of the Council of Advanced Practitioners of the National Academy of Elder Law Attorneys. Mr. Vanarelli is also an Accredited Veterans Attorney and an Accredited Professional Mediator. He has successfully litigated cases in New Jersey’s Supreme Court and in federal court. Mr. Vanarelli represents seniors, the disabled and their families in estate planning, financing long-term medical care, nursing home issues, qualifying for Supplemental Security Income, Medicaid and other public benefits, special needs planning, and litigation, including probate, elder abuse and guardianship lawsuits.

About The Law Office of Donald D. Vanarelli

Located in Westfield, New Jersey, the firm provides a broad range of legal services for seniors, the disabled and their families. The law firm guides clients through complex legal areas including public benefits planning, trial advocacy and court procedures, the administrative process, as well as estate and gift tax laws.

Contact: Ginny Morrissey, The Law Office of Donald D. Vanarelli, Tel: 908-232-7400, Email: gmorrissey@VanarellilLaw.com

For additional information concerning special needs trusts and disability planning, visit: https://vanarellilaw.com/special-needs-disability-planning/

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Government Long-Term Care Benefits for NJ Residents (Video)

The Law Office of Donald D. Vanarelli provides comprehensive Government Long-Term Care Benefits Legal Services throughout the State of New Jersey. See: https://vanarellilaw.com/medicaid-public-benefits-planning/

Elder Law topics covered in the video include Eligibility for Medicaid, Income and Resource Limits and Caps, Medicare Coverage, Home Health Aides, Home Health Care, Nursing Home Care, Assisted Living Facilities, Long-Term Care Insurance, Nursing Home Costs, Resource Rules, Lookback Period Calculations, Eligibility for Veterans Pension Benefits, Net Worth Test, and more.

Noted NJ Attorney Donald D. Vanarelli presents Government Long-Term Care Benefits — the final video in a 4-part series that discusses crucial Elder Law topics. Call 908-232-7400 or visit http://VananrelliLaw.com/ for additional information.

The YouTube Channel for the Law Office of Donald D. Vanarellli is located at: https://www.youtube.com/channel/UClCWs2FIrzO7BUY7ooVe_Lw

Government Long-Term Care Benefits for New Jersey Residents

By Donald D. Vanarelli, Esq.

Overview of Government Sources for the Payment of Long Term Care Costs

Government Sources of Payment
  1. Medicare
  2. Medicaid
  3. Veterans Administration

Overview of Long Term Care Costs Covered by Medicare

  1. Home Health Aides
  2. Nursing Home Care
Medicare – Home Health Aides
  • Covers up to 100 home visits per “spell of illness”.
  • Preconditions to payment: prior hospital stay of at least 3 days and home health care initiated within 14 days of discharge.
  • Beneficiary must be homebound and need skilled nursing care, physical or speech therapy, NOT custodial care.
Medicare Payment of Nursing Home Care
  • Immediate prior hospital stay of 3 days
  • Admitted to NH within 30 days of hospital discharge
  • Covers skilled nursing care or rehabilitation only, NOT custodial care.
How Much Does Nursing Home Medicare Pay?
  • Maximum Coverage – 100 days
  • Day 1-20 – Medicare pays 100% of covered charges
  • Day 21-100 – Medicare pays all covered charges, except coinsurance amount. Year 2016 coinsurance payment = $157.50/day, or about $4,800/month
  • Day 101 – on your own

Overview of Medicaid Payment of Long Term Care Costs

MEDICAID
  • Pays the majority of long-term care costs in New Jersey and elsewhere
  • Joint Federal and State Program
  • Provides medical assistance for financially eligible persons who are aged, blind or disabled
Income Limits
  • Income – all income is counted in determining eligibility
  • Income cap – All Medicaid programs have an income cap. In 2016, the cap is $2,199/month. Income above the cap must be transferred to a Qualified Income Trust each month.
Resource Limits
  • Countable resources – all assets in the sole name of applicant, in the sole name of spouse, or in joint names, either with the spouse or another person. Includes pension and retirement assets of BOTH the applicant and spouse.
  • Resource Limits – $2,000 for an individual and $3,000 for a couple.
  • Excess resources – must be spent down.
Transfer of Resources Rules
  • “Look-back period” – Period which Medicaid examines upon the submission of a Medicaid application to determine an applicant’s countable assets, and the disposition of an applicant’s assets.
  • Look-back Period Under the Medicaid Law- 5 years, or 60 months
  • “Penalty period” – Period of Medicaid ineligibility imposed as a result of a transfer of assets for less than fair market value (i. e., a gift) made during the 60-month look-back period.
  • To prevent gifting of assets, Medicaid imposes a “penalty period”, or period of ineligibility for Medicaid, for all gifts made within the “lookback period”.
Comparing Medicare and Medicaid Coverage for Long-Term Care Costs

Medicare: covers costs of home health aides and nursing homes for those who need skilled nursing care or therapy, but for a limited time only. No financial limits. Medicaid: covers home health aides, assisted living facilities and nursing homes, but only for the aged, blind and disabled who need custodial care and who meet strict financial limits.

Overview of Major VA Benefit Programs

1.Service-Connected Compensation

Disability compensation is a monetary benefit for veterans who are disabled by an injury or disease that was incurred or aggravated during active service.

2. Needs-Based Pension

Pension is a monetary benefit for veterans who (1) are disabled (not service-connected) (2) have low income and resources, and (3) served during a period of wartime.

Basic Eligibility Criteria for VA Pension Program

All of the following criteria must be met before a veteran or widow(er) of a veteran can receive Improved Pension benefits:

1.The veteran must have served at least 90 days of active duty service, one day of which must have been during a wartime period. In general, wartime is:

  • World War I
  • World War II – Dec. 7, 1941 – Dec. 31, 1946
  • Korean War – June 27, 1950 – Jan. 31, 1955
  • Vietnam War – Aug. 5, 1964 – May 7, 1975
  • Gulf War – August 2, 1990 through date to be set by law by Presidential Proclamation

2. The veteran must have received a discharge other than dishonorable;

3. The claimant must have limited income and assets; and,

4. The claimant must be permanently and totally disabled, or be over age 65.

VA Improved Pension Program: Three Tiers of Benefits
  1. Low Income Pension
  2. Housebound Benefits
  3. Aid and Attendance Benefits

Housebound benefits and Aid and Attendance benefits are supplements paid in addition to the basic Low Income Pension to certain veterans to cover the additional costs of care for their added disabilities.

Net Worth: Standard

The VA considers the net worth of the individual seeking benefits, excluding the value of the person’s home, furnishings, and car. The standard as to whether a person will be eligible for benefits is whether the person has “sufficient means” to pay for his or her care.

Assets that are counted toward the “sufficient means” analysis include bank accounts, certificates of deposit, money market accounts, investment accounts, annuities, retirement accounts, life insurance cash surrender values, etc.

Net Worth Test
  • STANDARD: Sufficient Means to Self-Pay
  • Sufficient Means: A commonly used measure is $80,000 or less for a married couple, $50,000 or less for a single veteran.
  • Age Analysis: Age vs. Asset test
VA Transfer of Resources Rules

No look-back period

Compare Medicaid with VA Pension rules regarding transfers of resources. But, note difference in VA Nursing Home Rules.

The YouTube Channel for the Law Office of Donald D. Vanarellli is located at: https://www.youtube.com/channel/UClCWs2FIrzO7BUY7ooVe_Lw

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Disability Planning for New Jersey Residents (Video)

The Law Office of Donald D. Vanarelli provides Special Needs Trusts and Disability Planning Attorney Services throughout the State of New Jersey. See: https://vanarellilaw.com/special-needs-disability-planning/

Elder Law topics covered in this video include Guardianships, Conservatorships, Power of Attorney, Representative Payeeships (SSA and SSI), Joint Tenancies (including joint bank accounts), Advance Medical Directives (living wills), Do Not Resuscitate (DNR) Orders, Revocable and Irrevocable Trusts, Family Limited Partnerships, Limited Liability Companies, and more.

Disability Planning is the first video in a 4-part series that discuss crucial NJ Elder Law topics. Call 908-232-7400 or visit https://vanarellilaw.com/ for additional information.

The YouTube Channel for the Law Office of Donald D. Vanarellli is located at: https://www.youtube.com/channel/UClCWs2FIrzO7BUY7ooVe_Lw

Disability Planning for New Jersey Residents

By Donald D. Vanarelli, Esq.

Planning for Substitute Decision-Making
  1. Capacity – A critical threshold issue.
  2. Legal devices for substitute decision-making: 1. Court-supervised; 2. Voluntary
Court-Imposed Substitute Decision-Making
  • Guardianships
  • Conservatorships
Nature and Use of Guardianship

A guardianship is a legal mechanism designed to provide surrogate decision-making and financial management for a person who is no longer able to govern him/herself and who has not made alternate voluntary arrangements.

Characteristics of Guardianships: Voluntary; and Imposed by Court.

Guardianships are only for persons who are legally incompetent – medical evidence needed. Alternate voluntary arrangements either not made or ineffective.

Voluntary Substitute Decision-Making
  • Representative Payeeships (SSA, SSI)
  • Joint Tenancies (Inc. joint bank accts.)
  • Powers of Attorney
  • Advance Medical Directives (Living Wills)
  • Do Not Resuscitate (DNR) Orders
  • Revocable and Irrevocable Trusts
  • Family Limited Partnerships and Limited Liability Companies
Powers of Attorney
  • The most important, simplest and least expensive estate document.
  • A power of attorney is a mechanism by which the principal authorizes an agent to manage the principal’s financial affairs if the principal becomes incapacitated.
Characteristics of Powers of Attorney
  • Creates Fiduciary Relationship
  • General vs. Special
  • Durable vs. Springing
  • Sole Agent vs. Joint Agents
  • Termination- death, revocation or expiration
Powers Conferred in Powers of Attorney
  • banking transactions
  • to make gifts, including gifts to the agent
  • prepare and sign tax returns
  • to create, amend and fund trusts
  • change beneficiaries
  • to execute contracts, leases and deeds
  • to loan or borrow money
  • to engage in long-term care planning
Advance Medical Directives (“Living Wills”)

The right to make decisions about medical treatment is a fundamental right protected under the federal and state constitutions.

Living Wills In New Jersey

N.J. law recognizes 3 planning devices:

  1. Instruction Directive
  2. Proxy Directive POA for Health Care
  3. Combined Directive

Religious preferences may be presented.

Do Not Resuscitate (DNR) Orders

Do Not Resuscitate (DNR) orders prohibit cardiopulmonary resuscitation when the lungs or heart stop working. DNR orders are normally applicable only in hospitals, nursing homes and other facilities. EMS personnel are generally required to attempt resuscitation.

Practitioner Orders for Life Sustaining Treatment (POLST)

Medical orders that help give seriously ill or frail patients more control over end-of-life care. Signed by both the doctor and patient/surrogate. POLST Orders can prevent unwanted or ineffective treatment, reduce patient and family suffering and ensure patient wishes are honored.

Psychiatric Advance Directive (PAD)

Psychiatric Advance Directive: Allows a person to specify important information for caregivers in the event of a mental health crisis.

Trusts

A trust is one of the most important estate planning tools. A trust is a legal relationship in which a person transfers property to one or more trustees who own the property as fiduciaries. The trustees must use the property only as set forth in the trust agreement, or as provided by law.

Providing for Persons with Disabilities: Special Needs Trusts

Purpose – To preserve the disabled person’s eligibility for needs-based governmental benefits (SSI, Medicaid, DDD services) while providing a vehicle to hold funds owned by disabled person, or funds contributed by the parents or other third parties, to supplement public benefits.

The YouTube Channel for the Law Office of Donald D. Vanarellli is located at: https://www.youtube.com/channel/UClCWs2FIrzO7BUY7ooVe_Lw

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Donald D. Vanarelli, Esq. Named to the New Jersey Super Lawyers List In 2016, For The 10th Consecutive Year

Donald D. Vanarelli, Esq. Named to the New Jersey Super Lawyers List In 2016, For The 10th Consecutive Year

The Law Office of Donald D. Vanarelli is proud to announce that Donald D. Vanarelli, Esq. has been named to the 2016 Super Lawyers list in Elder Law. This is the 10th consecutive year in which Mr. Vanarelli has been named to the Super Lawyers list in New Jersey.

Elder Law, which includes Special Needs Planning, is a legal specialty focusing on the legal needs of seniors and people with disabilities. The major legal practice areas within Elder Law and Special Needs Planning include estate planning and trust administration; Social Security, SSI, Medicare, Medicaid and other public benefits; probate litigation and will contests; disability planning, including guardianships and special needs trusts; and the protection of elders and the disabled against abuse, neglect, and exploitation.

The Super Lawyers website notes that “Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.” Each candidate for the Super Lawyer title is evaluated on 12 indicators of peer recognition and professional achievement to ensure that only the best in the business are selected for this recognition. Selections are made on an annual, state-by-state basis. There are more than 85,000 attorneys practicing in New Jersey in 55 specialty categories, but only 5% are named to the Super Lawyers list each year.

In 2007, the New Jersey Supreme Court appointed a Special Master to conduct an investigation into the validity of the selection methodology used by “Super Lawyers” and other attorney ranking services. After a year-long investigation, the Special Master issued a 300+ page report, concluding that the “Super Lawyers” methodology for selecting outstanding attorneys was valid. As a result, in 2008 our Supreme Court, for the first time, permitted attorneys to publicly identify themselves as having been selected for inclusion in the list of “New Jersey Super Lawyers.” In re Opinion 39 of the Committee on Attorney Advertising, 197 N.J. 66 (2008)

The Law Office of Donald D. Vanarelli congratulates Mr. Vanarelli on being named to the Super Lawyers List in New Jersey in 2016, for the 10th consecutive year.

To learn more about the Law Office of Donald D. Vanarelli, visit: https://vanarellilaw.com/about-the-firm/

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Legislative Update Webinar Presented by the New Jersey Chapter of the National Academy of Elder Law Attorneys

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Start Date: Thursday, March 3, 2016, 1:00 PM

End Date: Thursday, March 3, 2016, 2:00 PM

This NJ NAELA Legislative Webinar is FREE for all NY NAELA members.

This webinar is a legislative update regarding implementation of the ABLE Act in New Jersey, the Uniform Trust Code and Uniform Decanting Statute as it relates to special needs planning, and the NJ Law Revision Commission’s report on the Saccone case.

Registration link was sent to all NJ NAELA members. if you did not receive it, or if you are interested in joining the chapter, please contact the webinar coordinator, Andy Knoll, at aknoll@naela.org (email) or 703-942-5711 (phone).

Speakers:

Robert Brogan, Esq., CELA (bob@broganelderlaw.com)

Regina M. Spielberg, Esq., CELA (rms@spsk.com)

Donald Vanarelli, Esq., CELA (dvanarelli@vanarellilaw.com)

For additional information concerning special needs trusts and disability planning, visit: https://vanarellilaw.com/special-needs-disability-planning/

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Donald D. Vanarelli, Esq. to Present on the Mediation of Contested Guardianship Cases

Donald D. Vanarelli, Esq. (https://vanarellilaw.com/) will present at the 2016 CONFERENCE ON GUARDIANSHIP given by the Guardianship Association of New Jersey, Inc. (GANJI) on Tuesday, March 15, 2016 at the Forsgate Country Club in Monroe Township, NJ

Contested guardianship typically involve disputes among adult siblings concerning the safety, living arrangements, autonomy and financial management of a family member who is elderly or has a cognitive impairment. Mediation, which encourages consensus building and fosters the preservation of relationships, is a valuable tool in resolving guardianship contests. Mr. Vanarelli will discuss the mediation process, and the use of mediation to resolve issues that arise in contested guardianship cases.

Who should attend

This program is designed to be of interest to attorneys, social workers, psychologists, professional and family guardians, health care professionals, geriatric care managers, and others who work with individuals caring for persons with disabilities as a result of age, injury or mental illness.

Continuing Education Credits

This course is intended for the intermediate and advanced practitioner. Certificates will be awarded at the conclusion of the Conference, based upon attendance and completion of course evaluation. Please remember to include your State Professional License number when registering.

  • Attorneys: This program is pending approval with the Board of Continuing Legal Education of the Supreme Court of New Jersey for 5 hours of total CLE credit.
  • Registered Guardians: This program is pending approval by the Center for Guardianship Certification for 5.0 general credits.
  • Social Workers: Contact Mary Ellen Colangelo for information at GANJI.Conference@gmail.com

For additional information, contact the Law Office of Donald D. Vanarelli at 908-232-7400, or visit them online at https://vanarellilaw.com/.

Information about GANJI’s upcoming 2016 CONFERENCE ON GUARDIANSHIP can be found below:
SCHEDULE

8:00 – 9:00 AM Registration and Continental Breakfast
9:00 – 9:15 AM Welcoming Remarks: President: Marisol Perez, Esq.
9:15 – 10:15 AM Opening Address: Gwen Orlowski, Esq.

10:15 – 11:15 AM Panel 1: Aging Out of the System
Panel: Gwen Orlowski, Esq.; Edward Leeds, Esq.; and, James C. Maraventano, M.Ed.,BCBA

11:15 – 11:30 AM Break

11:30 – 12:30 PM Panel 2: Divergent POA & Guardianships
Panel: Hon. Margaret Mary McVeigh, P.J.Ch.; Harry O’Malley, Esq. Deputy Surrogate, Mercer County; and, Stephanie M. Kay, Esq.

12:30 – 1:30 PM Lunch

1:30 – 2:30 PM Workshop I (Select One)
A. Technology to Help Seniors Stay at Home
Speaker: Mark Zilberman, LCSW
B. Mediation in Contested Guardianships
Speakers: Connie Rosenberg, MPS,RN,CMC; Donald Vanarelli, Esq.; and, Harry O’Malley, Esq.
C. Medicare/Medicaid Update
Speaker: Mary McGeary, MSW, NJ SHIP

2:30 – 2:45 PM Break

2:45 – 3:45 PM Workshop II (Select One) A. Technology to Help Seniors Stay at Home
Speaker: Mark Zilberman, LCSW
B. Mediation in Contested Guardianships
Speakers: Connie Rosenberg, MPS,RN,CMC; Donald Vanarelli, Esq.; and, Harry O’Malley, Esq.
C. Medicare/Medicaid Update
Speaker: Mary McGeary, MSW, NJ SHIP

3:45 – 4:00 PM CONCLUSION

About GANJI

The Guardianship Association of New Jersey, Inc. (GANJI) is a not-for-profit organization of professionals, families and individuals dedicated to improving the quality of guardianship services and process through education and advocacy. GANJI upholds that:

  • Every person appointed to a guardian’s care receives quality services, respect, due process, rights and dignity
  • Incapacitated persons maintain autonomy and self-determination to the maximum extent possible.
About Donald D. Vanarelli

Recipient of the Marilyn Askin Lifetime Achievement Award from the New Jersey State Bar Association’s Elder and Disability Law Section, Donald D. Vanarelli is a Certified Elder Law Attorney, and a member of the Council of Advanced Practitioners of the National Academy of Elder Law Attorneys. Mr. Vanarelli is also an Accredited Veterans Attorney and an Accredited Professional Mediator. He has successfully litigated cases in New Jersey’s Supreme Court and in federal court. Mr. Vanarelli represents seniors, the disabled and their families in estate planning, financing long-term medical care, nursing home issues, qualifying for Supplemental Security Income, Medicaid and other public benefits, special needs planning, and litigation, including probate, elder abuse and guardianship lawsuits.

About The Law Office of Donald D. Vanarelli

Located in Westfield, New Jersey, the firm provides a broad range of legal services for seniors, the disabled and their families. The law firm guides clients through complex legal areas including public benefits planning, trial advocacy and court procedures, the administrative process, as well as estate and gift tax laws.

Contact: Ginny Morrissey, The Law Office of Donald D. Vanarelli, Tel: 908-232-7400, Email: gmorrissey@VanarellilLaw.com

For additional information concerning mediation services, visit: vanarellilaw.com/resolving-conflicts-through-elder-mediation/

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