By

Donald Vanarelli
02
Sep

My Latest Article, Entitled “Client Capacity – Assessment and Advocacy,” Published In The New Jersey Lawyer Magazine

September 2, 2010
Lawyers who regularly deal with elderly and disabled clients like I do often confront the...
01
Sep

Arbitration Agreements In New Jersey Nursing Home Contracts Are Enforceable, But Some Provisions Are Voidable For “Substantive Unconscionability.”

September 1, 2010
In an August 10, 2010 opinion that was approved for publication, the New Jersey Appellate...
17
Aug

My Latest Article Published In the New Jersey Foundation For Aging – Renaissance Magazine

August 17, 2010
The New Jersey Foundation for Aging was founded in 1998 to improve the quality of...
16
Aug

Federal Court In Connecticut Holds That The Income Stream from An Annuity Is Not An Asset for Medicaid Eligibility Purposes

August 16, 2010
In Lopes v. Starkowski (U.S. Dist. Ct., Dist. Conn., No. 3:10-CV-307, August 11, 2010), the...
14
Aug

Court Finds Joint Account Does Not Pass To Surviving Owner, But Passes Under Decedent’s Will

August 14, 2010
Most of the cases discussed on this blog (and, I suspect, on most blogs which...
06
Aug

A Case Study Involving Social Security and SSI Benefits, An Overpayment, Divorce, A Special Needs Trust And A Successful Effort To Increase The SSI Monthly Benefit Amount

August 6, 2010
I don’t usually blog about the Social Security cases my law firm handles, although we...
04
Aug

New Jersey Courts Continue To Make New Law In The Area Of Internet Privacy Rights

August 4, 2010
A case recently decided by the Superior Court of New Jersey, Appellate Division, continues the...
19
Jul

New Jersey Superior Court Judge Rules In Favor Of Alleged Incapacitated Person In Contested Guardianship Lawsuit, Dismissing Complaint Filed By Adult Child

July 19, 2010
For more than two years, I have been representing an elderly man in a contested...
08
Jul

Court Explains The Role Of A Court-Appointed Counsel And Guardian Ad Litem In Action For Special Medical Guardian

July 8, 2010
In the recent case of In the Matter of J.M. for the Appointment of a...
03
Jul

New POMS On Early Termination Of Special Needs Trusts

July 3, 2010
Many third-party and self-settled special needs trusts (SNTs) contain “termination on ineligibility and distribute to...
28
Jun

NJ Court Holds That Documents, Though Unsigned, Undated, And Neither Witnessed Nor Notarized, May, Nevertheless, Be Admitted To Probate As A Valid Last Will And Testament

June 28, 2010
In the case entitled In the Matter of the Estate of Ronald M. Denner, Superior...
26
Jun

New Jersey Court Rules That Plenary Guardians Can Control The Visitation Rights Of Their Ward

June 26, 2010
In the Matter of the Estate of Ann F. McNierney, Docket No. BER-P-89-10, Ch. Div....
18
Jun

Proposed Treasury Regulations Concerning Paper Social Security / SSI Checks

June 18, 2010
The Treasury Department has issued a Notice of Proposed Rule-Making (75 Fed. Reg. 34394 (June...
17
Jun

How Collaborative Divorce Is Different From Divorce Mediation

June 17, 2010
When a couple decides to divorce, the spouses have important choices to make about how...
04
Jun

What Do The Letters After A Social Security Or Medicare Number Mean?

June 4, 2010
This situation has occurred many times over the years: a client gives me a copy...
04
Jun

New Jersey Rewrites The Rules Concerning Gifts Made By Medicaid Applicants Which Are Later Returned

June 4, 2010
As many readers know, Medicaid applicants are subject to the imposition of a penalty, or...
01
Jun

Attorney Ethics Anyone?

June 1, 2010
In the article below, I discussed some interesting (I hope) developments in the rules governing...
24
May

Last Week, I Was Inducted As The Chair Of The Elder And Disability Law Section Of The New Jersey State Bar Association For 2010 – 2011

May 24, 2010
Last week, at the annual State Bar Association Convention in Atlantic City, I was inducted ...
18
May

New Regulations Prevent Debt Collectors From Seizing Federal Benefits Deposited Into Bank Accounts

May 18, 2010
The Treasury Department and the four major benefit agencies, the Social Security Administration, the U.S....
09
May

Twitter Debate: Virtual Law Offices, Or Providing Legal Services Over The Internet

May 9, 2010
On May 7, a debate, of sorts, on the future of law practice was held...
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