By

Donald Vanarelli
18
Aug

The Latest Information on Staffing Levels for Every Nursing Home in New Jersey

August 18, 2019
Latest Data Indicate Low Staffing Is Both Persistent and Persuasive Staffing is perhaps the most...
11
Aug

Disabled Applicant Incapable Of Accessing Bank Account But With Legal Authority To Do So Found Medicaid Ineligible

August 11, 2019
In August 1998, M.A., and her daughter, also named M.A., opened a bank account at...
04
Aug

Executor of Estate Can Deduct Expenses Incurred in Caring for his Mother and Brother from Proceeds of Home Sale

August 4, 2019
Peter and his brother Sheldon are the only children of Anna Biber. Anna owned a...
28
Jul

Lawsuit By Nursing Home Against Daughter of Resident Who Transferred Money to Herself Dismissed

July 28, 2019
New Jersey appeals court held that a nursing home does not have standing to bring...
22
Jul

Purported Irrevocable Annuity Actually Revocable?!! Medicaid Denied

July 22, 2019
M.M. filed for Medicaid benefits on three occasions. In June 2018, M.M. filed her first...
15
Jul

After Signing Refunding Bond and Release, Beneficiary is Barred from Bringing Claims Against Executrix 

July 15, 2019
The decedent’s eldest daughter Francine was the executrix of her estate. In 2011, the attorney...
09
Jul

“Spousal Refusal” Application Based Upon The Age And Health Of Medicaid Applicant’s Spouse Should Have Been Granted

July 9, 2019
N.S., who was 87 years old and residing in a nursing home, submitted an application...
01
Jul

Theft Of Elder’s Assets By Home Health Aide Not Covered By Healthcare Agency’s Liability Insurance

July 1, 2019
Louis Keppel hired Donna Thomas as a home health aide. Thomas was employed by Angela’s...
24
Jun

10 Tips for Guardians of Older Adults

June 24, 2019
The National Center on Law & Elder Rights recently published the following 10 Tips for Guardians...
16
Jun

Power Of Attorney Who Withdrew Money For Medicaid Planning Not Required To Return Funds

June 16, 2019
A power of attorney does not have to return money she took from her now...
10
Jun

Federal Case Dismissed After NJ Reverses Interpretation of Caregiver Child Exemption to Medicaid Asset Transfer Rules

June 10, 2019
In 1986, Plaintiff Andres Nieves, Sr. purchased a home in Dover, New Jersey (the “home”)...
04
Jun

Descendants Of Great-Grandparents May Not Inherit As Intestate Heirs In New Jersey

June 4, 2019
Sally Rosenthal passed away on February 16, 2015. She was unmarried, had no children and...
03
Jun

Once A Transfer Of Assets Penalty Is Imposed By Medicaid, The Penalty May Not Be Interrupted Or Suspended

June 3, 2019
Z.P. was a resident of Aristacare at Cedar Oaks in South Plainfield, New Jersey. Z.P....
02
Jun

Medicaid Applicant’s Assets Are Not “Available Resources” When Applicant Is Incapacitated

June 2, 2019
A Texas appeals court held that the state could not count the assets of a...
31
May

Medicaid’s “Penalty Divisor” Recently Increased Slightly, By $7.99 Per Day

May 31, 2019
Earlier this month, New Jersey’s Division of Medical Assistance and Health Services (DMAHS), the State...
30
May

The Impact of ABLE Accounts on Eligibility for Section 8 Housing

May 30, 2019
On April 26, 2019, the U.S. Department of Housing and Urban Development (HUD) issued a...
26
May

Failure To Provide Medicaid Recipient With Notice Of Adverse Benefit Determination Results In Reversal

May 26, 2019
Petitioner, a severely impaired young woman, resides at home with her father, her primary caregiver....
22
May

Donald D. Vanarelli, Esq. to Present the Case Law Update at the 2019 “Elder Law in a Day” Seminar

May 22, 2019
Donald D. Vanarelli, Esq. (https://vanarellilaw.com/) will present at the 2019 “Elder Law in a Day”...
20
May

Were Pre-Death Transfers Valid Gifts, or the Result of Undue Influence?

May 20, 2019
In a decision by Honorable Robert P. Contillo, P.J.Ch. that was affirmed by our Appellate...
14
May

Designated Representative May Have Standing To Pursue Medicaid Appeal After Applicant’s Death

May 14, 2019
J.G., an indigent nursing home resident, applied for Medicaid benefits. While his Medicaid application was...
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