By

Donald Vanarelli
11
Sep

Medicaid Agency Properly Reduced Hours Of Private Duty Nursing Care Allocated Based on Care Provided by School and Family

September 11, 2013
New Jersey appellate court ruled that the state can reduce a Medicaid recipient’s allocated hours...
10
Sep

Profile of Chinese-American Attorney Chen Li (in English and Chinese)

September 10, 2013
Chen Li has been associated with the Law Office of Donald Vanarelli since 2007.  Chen...
07
Sep

Sender Of Text Message May Be Liable For Accident Caused By Driver Distracted While Reading Text

September 7, 2013
In an interesting case of first impression, the New Jersey Appellate Division held that the...
04
Sep

Transfers By Medicaid Applicant To Adult Disabled Children Are Exempt, Even Though Children’s Social Security "Disability" Benefits Were Converted To “Retirement” Benefits At Age 65

September 4, 2013
In an Initial Decision of the New Jersey Office of Administrative Law, Administrative Law Judge...
03
Sep

Appellate Division Rules Nursing Home Waived Right To Compel Arbitration In Defense Of Negligence Claim By Estate Of Former Resident

September 3, 2013
In an August 29, 2013 unpublished decision, the Appellate Division considered and affirmed the trial...
02
Sep

Settlements Reached At Mediation But Not Reduced To Writing And Signed By The Parties Before Mediation Ends Are Not Enforceable

September 2, 2013
The New Jersey Supreme Court ruled that a settlement that is reached at mediation but...
01
Sep

Making Medical Decisions For Someone Else: A How-To Guide

September 1, 2013
An “advance medical directive” (also known as a “health care advance directive” or “instruction directive”)...
28
Aug

Trustees of Special Needs Trust Who Failed To Inquire Into Disabled Beneficiary’s Condition And Needs Breached Their Fiduciary Duty

August 28, 2013
A New York judge held that the trustees of a special needs trust have a...
23
Aug

New Jersey Supreme Court Rules That Order Awarding Child Support To Disabled Child May Be Modified By Establishing Special Needs Trust For Child

August 23, 2013
In an opinion that breaks sharply with established practice, the New Jersey Supreme Court ruled...
05
Aug

NY Trustee Ordered To Repay Special Needs Trust For Distributions Made For Goods And Services Obtainable From Public Benefits

August 5, 2013
Justice Laura L. Jacobson, a  New York trial judge, held that a trustee of a...
05
Aug

The Effect Of Gifts And Jointly-Owned Property On Eligibility For VA Pension Benefits

August 5, 2013
Clients often have questions about the effect of gifts and jointly-owned property on eligibility for...
02
Aug

Administrator Must Satisfy Estate Creditors From Probate Assets First Before Attaching Non-Probate Assets

August 2, 2013
A Chancery Court judge determined that the administrator of an insolvent estate in New Jersey...
01
Aug

Appeals Court Affirms Summary Judgment In Favor Of Plaintiffs In Will Contest Alleging Undue Influence

August 1, 2013
Renee Halpecka died in 2005 when she was 84 years old. Before her death, Renee...
29
Jul

Acting as Agents Under Power of Attorney, Parents of Disabled SSI Recipient Did Not Create Valid Special Needs Trust

July 29, 2013
A Federal court held that a special needs trust is not valid because it was...
23
Jul

Guardian Who Provided Care To Ward in Ward’s Home, Refusing To Place Ward in Nursing Home Against Her Wishes, Found Not Guilty of Neglect

July 23, 2013
Reversing state agency and appeals court rulings, the highest court of the State of Washington...
22
Jul

Federal Court Enjoins New Jersey From Counting Annuity Owned By Medicaid Applicant’s Spouse As An Available Resource

July 22, 2013
A federal district court judge in New Jersey granted a Medicaid applicant’s motion for a...
19
Jul

Federal Court In New Jersey Affirms Denial Of Medicaid, Finding Promissory Notes Owned By Applicants To Be Countable Resources

July 19, 2013
John Landy and Margaret Sauchelli are elderly persons who purchased promissory notes and subsequently applied...
12
Jul

Appeals Court Concludes New Jersey Does Not Have A Duty to Inform Disabled Beneficiary Of Eligibility For Services

July 12, 2013
A New Jersey appeals court held that the State did not have a duty to...
26
Jun

U.S. Supreme Court Rules Surviving Spouse Of Lesbian Couple Entitled To Estate Tax Refund

June 26, 2013
New York recognized the marriage of state residents Edith Windsor and Thea Spyer, who wed...
20
Jun

Comparing Probate And Non-Probate Assets

June 20, 2013
What is Probate? “Probate” is the name of the process which permits an Executor to...
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