Upcoming Webinar: Planning for Your Child With Special Needs

RE-SCHEDULED – NEW DATE TO BE ANNOUNCED Upcoming FREE Webinar: REGISTER TODAY Date: Wednesday, March 22, 2023 at 4:00 PM EST (approximately 2 hours, depending on Q & A) Learn to Utilize Special Needs Trusts and ABLE Accounts to Access Medicaid, SSI, DDD Services and Other Public Benefits to Plan for the Future of Your.. read more →

For additional information concerning Medicaid and public benefits planning, visit: NJ Medicaid and Public Benefits Planning read more →

Upcoming FREE Webinar: REGISTER TODAY Date: Wednesday, February 22, 2023 at 4:00 PM EST (approximately 2 hours, depending on Q & A) Learn to Utilize Medicaid, Medicare, Social Security, Veterans Benefits, and Long-Term Care Insurance to Protect Your Family from Catastrophic Long-Term Care Expenses and Nursing Home Costs. Attorneys Donald D. Vanarelli, Esq. Chen Li,.. read more →

This latest edition of Law Points for Senior Citizens, the 4th edition, is published by the New Jersey State Bar Foundation as a public service to explain laws in New Jersey of special interest to senior citizens. The booklet explains laws governing a variety of topics, such as Social Security retirement benefits, Medicaid and nursing.. read more →

Vanarelli & Li, LLC is committed to protecting the legal rights and financial resources of seniors, the disabled and their families, and families in conflict. For each client, we strive to provide the highest quality legal work while serving clients in a caring, compassionate and respectful manner. Several years ago, the New Jersey Family website launched.. read more →

Special needs trusts (SNTs), also referred to as supplemental benefits trusts, often play an important role in helping families plan for children with special needs. SNTs allow assets to be left to a disabled or chronically ill person without disqualifying them for public benefits based on financial need, such as Medicaid. A common asset often left.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →

When former teen idol Aaron Carter died last month at the young age of 34, it came as shock to the entertainment world. Some say his death is a reminder of the importance of mental health. His death can also be a reminder to us all about the consequences of not having a Last Will.. read more →

Since March of 2020, NJ Medicaid has followed special rules related to the federal COVID-19 Public Health Emergency (PHE). These rules have allowed most NJ Medicaid recipients to keep their health coverage, even if they no longer qualified – for example, if their income was too high. However, once the federal government determines that the.. read more →

For additional information concerning elder abuse actions, visit: Will Contests and Probate Litigation read more →

Under the Public Health Service Act, Pub.L. 78–410, when the Department of Health and Human Services (HHS) concludes that a disease or disorder presents a public health emergency, the agency may issue a declaration announcing that a public emergency exists. On January 31, 2020, HHS issued a declaration announcing that a public emergency existed based.. read more →

In 2009, Petitioner executed a power of attorney (POA) in favor of her daughter, Vera. Ten years later, petitioner became a nursing home resident because she suffered from dementia and was no longer capable of managing her affairs. In January 2019, a social worker at the facility filed an initial Medicaid application on petitioner’s behalf… read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →

Many individuals seeking representation in obtaining their Social Security disability benefits (SSDI) or dealing with a denial of benefits take comfort in learning that their legal fees can be paid directly by the Social Security Administration (SSA). The SSA allows a representative to recover either a contingency fee of 25 percent of past due benefits.. read more →
Elder and Disability Law News for October 2022 from Vanarelli & Li, LLC

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →

The Social Security Administration (SSA) has announced that its beneficiaries will see a significant increase – totaling nearly 9 percent – in their monthly Social Security checks come January 2023. This cost-of-living adjustment (COLA) is the largest boost to Social Security benefits in more than 40 years. The increase for 2022 was 5.9 percent. Supplemental Security.. read more →

Recently, I read an interesting article in the Washington Post about Dateability, a dating app designed for disabled and chronically ill people. Dateability was launched this year, on October 21st. It carries the slogan “Making love accessible.” Some people with disabilities feel they are discriminated against by other users on dating platforms, and not seen.. read more →

This matter arose from the imposition of a transfer penalty on Petitioner’s receipt of Medicaid benefits. Beginning in 2018, Petitioner resided with her son, R. R., and R. R. ‘s wife. Petitioner previously resided in her own home. On November 1, 2018, Petitioner and R. R. executed a “Room Rental Agreement, ” wherein Petitioner agreed to.. read more →

In this case, C.L., a resident of a nursing home, applied for Medicaid benefits. The state’s Medicaid agency, the Division of Medical Assistance and Health Services (DMAHS), denied her application. DMAHS determined an annuity C.L. purchased, which she understood to be irrevocable, was instead found to be revocable by the agency and counted as a.. read more →

10 Costly Mistakes to Avoid When Planning for a Loved One with Special Needs 1. Doing nothing. The most popular estate plan in the Unites States is doing nothing. While not a good idea for anyone, it is particularly troubling when there is a loved one with special needs. If someone does nothing and then.. read more →

A.V. suffered from Alzheimer’s disease and dementia. In January 2021, A.V. moved into a skilled nursing facility. That April, she filed her first application for Medicaid benefits, seeking a community spouse resource allowance for her husband, J.V. In June 2021, the Cumberland County Board of Social Services (CCBSS) denied the claim, advising A.V. and J.V… read more →

Chen Li, Esq. (http://VanarelliLaw.com/) will present on Trusts and Trust Taxation Issues impacting the New Jersey Probate and Trust Administration Process in an online seminar given by the National Business Institute (NBI) on December 15, 2022. Ms. Li will discuss aspects of the probate process and trust administration in New Jersey. Specifically, Ms. Li will.. read more →

In this case, an administrative law judge held that a Medicaid applicant’s transfer of her home to her adult child who lived with and cared for her for many years was entitled to Medicaid benefits under the “caretaker child” exemption to the transfer of assets rules even though the child worked part-time outside the home… read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →

In a decision that has been approved for publication, the New Jersey Superior Court, Appellate Division, affirmed the dismissal of a lawsuit challenging New Jersey’s Medical Aid in Dying for the Terminally Ill Act (the “Act”). The lawsuit, which was brought by a terminally ill resident, a physician, and a pharmacist, attempted to enjoin and.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →

Six years ago, New Jersey Family launched Best NJ Lawyers for Families campaign. The website asks parents about the lawyers who’ve made a difference in their family’s lives at the most stressful of times. According to the website, the nominations by parents result in a list of professionals who’ve “gone above and beyond” to advocate for their.. read more →
Elder and Disability Law News for August 2022 from Vanarelli & Li, LLC

For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services For additional information concerning Medicaid applications and appeals, visit: NJ Medicaid Applications read more →
Special Needs Planning News for August 2022 from the Law Office of Donald D. Vanarelli

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services read more →

If a person declared to be incapacitated wishes to execute a Last Will and Testament, there a judgment must first be entered by a court declaring that the proposed testator has regained capacity to do so. See N.J.S.A. 3B:12-27; In re Estate of Frisch, 250 N.J. Super. 438 (Law Div. Probate Part 1991); In re.. read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →

If you are injured due to another person’s negligence and receive Medicaid benefits to pay for care, New Jersey (as well as other states) always had a legal right to recover the funds the state spent on your medical expenses from a personal injury settlement or award. Once the state was reimbursed for past medical.. read more →

Chen Li, Esq. (http://VanarelliLaw.com/) will present on the “New Jersey Probate Process and Executor Duties: Master Checklist with Deadlines” given by the National Business Institute on August 17, 2022 via online seminar. Ms. Li will discuss the probate process in New Jersey including an overview of the duties required of an estate executor. She will.. read more →

For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services read more →

The asset limit for Supplemental Security Income (SSI) has been stuck at $2,000 since 1984. That’s equivalent to more than $5,600 today. So, in effect, it has been cut by almost two thirds. There is now a bill in congress, the SSI Savings Penalty Elimination Act that would raise the asset limit to $10,000 for.. read more →
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