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

A Minnesota appeals court rules that a state statute deeming irrevocable trusts to be revocable for the purposes of a Medicaid eligibility determination is preempted by federal law governing irrevocable trusts. Geyen v. Commissioner Minnesota Dept. of Human Services (Minn. Ct. App., No. A20-1300, July 12, 2021). In 2011, Dorothy Geyen created two irrevocable trusts that.. read more →

The decedent and his wife had no children, and were close to the wife’s family. The decedent’s wife had predeceased him, and had left him her entire estate. In his Last Will and Testament, the decedent directed that his wife’s relatives were to receive “the total sum of moneys” that he had received from his.. read more →

For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services For additional information concerning Medicaid and public benefits planning, visit: NJ Medicaid and Public Benefits Planning For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →

Guardianships and Medicaid Planning – Video 3 On June 15, 2021, I participated in the 2021 Elder Law College given by the New Jersey Institute for Continuing Legal Education via ZOOM videoconference webinar. I presented a paper and discussed Medicaid planning in the contest of guardianships in New Jersey. Medicaid planning involves the strategic transfer.. read more →

Guardianships and Medicaid Planning – Video 2 On June 15, 2021, I participated in the 2021 Elder Law College given by the New Jersey Institute for Continuing Legal Education via ZOOM videoconference webinar. I presented a paper and discussed Medicaid planning in the contest of guardianships in New Jersey. Medicaid planning involves the strategic transfer.. read more →

Guardianships and Medicaid Planning – Video 1 On June 15, 2021, I participated in the 2021 Elder Law College given by the New Jersey Institute for Continuing Legal Education via ZOOM videoconference webinar. I presented a paper and discussed Medicaid planning in the contest of guardianships in New Jersey. Medicaid planning involves the strategic transfer.. read more →

For additional information concerning elder abuse actions, visit: Will Contests, Probate Litigation and Elder Abuse Actions   For additional information concerning estate planning and administration, visit: Estate Planning and Administration read more →

A few months prior to his death in 2008, the decedent executed a codicil to his will, in which he appointed the defendant as executor of his estate, and included the defendant as a beneficiary. The defendant-executor was a relative of the decedent, and a New Jersey attorney. In 2011, a beneficiary of the estate.. read more →

Annie Rost died in 2018, leaving four surviving children. Her Last Will and Testament left her sizeable estate to her four children and to various charities. It also contained an “in terrorem” provision that excluded any beneficiary from a share of the estate if they contested the will: Any beneficiary under this, my Will, who.. read more →

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

The New Jersey Supreme Court has amended the Court Rules governing guardianships to establish a new state-wide policy for background screenings of proposed guardians of incapacitated persons.  The amendments are effective as of May 15, 2021. The new policy is intended to safeguard the vulnerable population of incapacitated adults against risks of potential abuse, neglect,.. read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services For additional information concerning probate litigation and will contests, visit: NJ Will Contests and Probate Litigation read more →

2021 Elder Law College Format/Skill Level: ZOOM Webinar Location: Online Date: June 15, 2021 Time: 9:00 AM – 3:30 PM ET Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2021 Elder Law College given by the New Jersey Institute for Continuing Legal Education on June 15, 2021 via ZOOM videoconference webinar. Mr. Vanarelli will.. read more →

No, it’s not a topic you usually talk about. Death is not a topic most people want to discuss, but funerals, cremations, and end-of-life medical costs today are surprisingly expensive and can result in a large bill for survivors. Thanks to the researchers at Self. Inc., we have data about the average cost of dying.. read more →

Increase in Medicaid’s penalty divisor announced. Last month, the New Jersey Division of Medical Assistance and Health Services (DMAHS), the State Medicaid agency, announced an increase in the state penalty divisor. Effective April 1, 2021, the penalty divisor has increased from $357.67 to $361.20 per day, amounting to $10,986.50 per month and $131,838 per year… read more →

For additional information concerning mediation and conflict resolution, visit: Resolving Conflicts Through Collaborative Law read more →

The Caregiver Support Program available to Veterans through the Department of Veterans Affairs (VA) consists of 2 sub-programs: the Program of Comprehensive Assistance for Family Caregivers (PCAFC) and the Program of General Caregiver Support Services (PGCSS). Program of Comprehensive Assistance for Family Caregivers (PCAFC) The Program of Comprehensive Assistance for Family Caregivers (PCAFC) is for.. read more →

For additional information concerning nursing home law and litigation, visit: Nursing Home Law and Litigation For additional information concerning probate litigation and will contests, visit: NJ Will Contests and Probate Litigation read more →

People receiving support through New Jersey’s Division of Developmental Disabilities (DDD) are able to choose the agency through which they will receive support coordination services. A Support Coordination Agency assigns a Support Coordinator to work with the disabled individual and his/her family. The Support Coordinator works closely with clients to identify their needs, and then,.. read more →

The Centers for Disease Control and Prevention (CDC) has published new guidance for day centers and the people with disabilities they serve during the ongoing COVID-19 pandemic. The guidance comes in two documents — one aimed at administrators and staff and another for participants and their caregivers — that were issued in March 2021. The new guidance indicates.. read more →

Are you an Older Adult in New Jersey? Make Your Voice Heard! The Department of Human Services’ Division of Aging Services will hold a listening session on Thursday, April 29, 2021 at 10 AM to allow New Jersey residents to provide input into the state’s plans for services to older residents for 2021-2025.The informational flyer is.. read more →

For additional information concerning elder mediation and other conflict resolution strategies, visit: Resolving Conflicts Through Collaborative Law read more →

Recently, a three judge panel of the United States Court of Appeals for the Eleventh Circuit ruled in a 2-1 decision that websites for businesses that are open to the public but inaccessible to visually impaired people who use screen-reading software are not liable under Title III of the Americans with Disabilities Act (“ADA”). The.. read more →

The Internal Revenue Service (IRS) has announced that the tax deduction for medical expenses includes amounts spent on face masks, hand sanitizer, sanitizing wipes and related equipment, as long as the primary purpose for the purchase was to prevent the spread of COVID-19. Specially, the IRS announcement states that: [A]mounts paid for personal protective equipment,.. read more →

Since the COVID-19 pandemic began, millions of professionals and other workers, including lawyers, went from working in offices to working remotely, from their homes, in spare bedrooms, or on dining room tables. Rather than appearing personally at client conferences and court hearings, during the pandemic lawyers met with clients via telephone conferences, deposed adversaries remotely.. read more →

Below, in chronological order, is the annual roundup of the top 10 elder law decisions across the nation for the past year, as measured by the number of “unique page views” of the summary of the decision received on the ElderLawAnswers website. ElderLawAnswers is a web-based resource available for those in the public seeking information on legal and.. read more →

All Veterans, their spouses and caregivers can get COVID-19 vaccinations from the Department of Veterans Affairs (VA) under Public Law No: 117-4 (03/24/2021), also known as the Strengthening and Amplifying Vaccination Efforts to Locally Immunize All Veterans and Every Spouse Act or the “SAVE LIVES Act.” The SAVE LIVES Act was signed into law by.. read more →

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

We are pleased to announce that Donald D. Vanarelli has been recognized as a 2021 New Jersey Super Lawyer in Elder Law. This is the 15th consecutive year in which Mr. Vanarelli has been named to New Jersey’s Super Lawyers list. The selection to Super Lawyers is the result of independent research, peer nominations and peer evaluations. Selections are.. read more →

In this case, a New Jersey appeals court 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 full-time outside the.. read more →

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

This week, the Centers for Medicare & Medicaid Services (CMS) published revised guidelines for nursing home visits during the pandemic. The new recommendations are the first revision to the federal government’s nursing home guidance since September 2020. They are effective immediately. The new recommendations allow indoor and outdoor visits for all residents, except in limited.. read more →

Listed below are the top ten (10) thirteen (13) posts on the Vanarelli Law Office blog with the highest readership in 2020, as measured by the number of “unique page views” of each blog post. The title of each article is hyperlinked to the original posting on the blog so that each article is accessible.. read more →

Under Section 728 of Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (TURCA), federal tax refunds received after December 31, 2009 are not treated as income or resources (for a period of 12 months after receipt) for purposes of determining eligibility for all federal or federally-assisted programs, including Medicaid and the Children’s.. read more →