By

Donald Vanarelli
20
Jun

Gift Penalty Affirmed; No Evidence Medicaid Applicant’s Transfer was Loan Repayment, and No Deference Accorded ALJ’s Contrary Decision

June 20, 2014
In the May 19, 2014 J.P. v. Division of Medical Assistance and Health Services decision, New...
16
Jun

VA to Simplify Burial Benefits Program

June 16, 2014
Effective on July 7, 2014, the Department of Veterans Affairs (VA) is changing its monetary...
16
Jun

House Ownership Options when a Parent and Adult Child Live Together: Tax, Medicaid and Personal Issues

June 16, 2014
(On June 16, 2014, I was a speaker at the 71st Semi-Annual Tax & Estate...
12
Jun

Substantial Attorneys Fee Award Upheld In Will Contest Alleging Undue Influence

June 12, 2014
A New Jersey appeals court upheld a substantial fee award exceeding the amount in controversy...
10
Jun

Court Denies Preliminary Injunction to Prevent New Jersey Medicaid from Counting Annuity as Available Resource

June 10, 2014
A federal district court in New Jersey ruled that a Medicaid applicant was not entitled...
08
Jun

The Role of the Guardian ad litem in Probate Litigation

June 8, 2014
In general, an incapacitated person is to be represented in any litigation by a guardian,...
03
Jun

NJ Federal Court Awards Medicaid, Excluding Entire VA Pension Benefit from Countable Income

June 3, 2014
Hon. Robert B. Kugler, United States District Judge for the District of New Jersey, reversed...
01
Jun

New Jersey Federal Court Grants Request for Waiver of Social Security Overpayment

June 1, 2014
In the April 28, 2014 Karlson v. Colvin decision, New Jersey’s Federal District Court reversed...
22
May

Federal Court Rules No Private Right to Sue under Nursing Home Reform Act

May 22, 2014
A United States District Court recently ruled that a nursing home resident does not have...
19
May

Determining Capacity in Seniors and the Disabled through “Observational” Assessment

May 19, 2014
Decision-making capacity involves four (4) key abilities: the ability to understand information relevant to a...
16
May

New ABA Ethics Opinion: Lawyers May Review Jurors’ Online Public Information, But Private Social Media is Off Limits

May 16, 2014
Trial lawyers must know where the ethical line is drawn between properly investigating jurors and...
14
May

Using Flawed Reasoning, NJ Medicaid Denies Benefits To A Wartime Veteran’s Widow By Incorrectly Counting VA Pension As Income

May 14, 2014
Although the petitioner in this case, A.G., succeeded in obtaining Medicaid benefits after filing a...
04
May

12 Things You May Not Know About The Affordable Care Act

May 4, 2014
The Affordable Care Act (ACA) is an historic effort by the government to extend medical...
01
May

Payments Made By Medicaid Applicant To Family Member Under Care Agreement Were Uncompensated Transfers, Subject to Penalty Period

May 1, 2014
A New Jersey appeals court held that payments made by a Medicaid applicant to her...
29
Apr

SSA Issues New Guidelines on How to Evaluate Trust Documents

April 29, 2014
On April 23, 2014, the Social Security Administration (SSA) issued Emergency Message 14026 providing instructions...
28
Apr

Contents of a Memorandum (or Letter) of Intent For a Disabled Family Member

April 28, 2014
A Memorandum (or Letter) of Intent communicates and documents your preferences regarding the care of...
13
Apr

Appeals Court Rules Lawyers Have A Constitutional Right to Blog About Their Cases

April 13, 2014
A California appeals court held that a trial court’s order directing a trial attorney to...
11
Apr

Guardianship and Mental Illness: Retaining a Ward’s Right to Self-Determination

April 11, 2014
Even after a guardian is appointed for an incapacitated person, our courts will seek to...
10
Apr

Topics Discussed in a Typical VA Fiduciary Interview

April 10, 2014
Typically, field examiners from the Department of Veterans Affairs (VA) conduct periodic investigations of fiduciaries...
31
Mar

Effective April 1, 2014, New Jersey Substantially Increases the Medicaid Penalty Divisor

March 31, 2014
As a result of the advocacy efforts by several New Jersey elder law attorneys following a...
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