If you are choosing a nursing home, a May 11, 2018 article by Paula Span in the New York Times suggests an interesting addition to your arsenal of information: the Yelp app. The article is No Luck Finding the Right Nursing Home Maybe Yelp Can Help According to Span, Yelp reviews are a useful addition, not.. read more →

On May 8, 2018, the Veterans Affairs (VA) Committee of the U.S. House of Representatives passed H.R. 299, the Blue Water Navy Vietnam Veterans Act of 2017. The bill would restore benefits to thousands of Vietnam veterans; expand inclusive dates to those who served along the Korean demilitarized zone (DMZ); and, benefit children born with.. read more →

    New YouTube Video about the Law Office of Donald D. Vanarelli The Law Office of Donald D. Vanarelli is committed to protecting the legal rights and financial resources of seniors, the disabled and their families, and families in conflict. We provide legal services in the areas of elder law, estate planning, trust administration, special.. read more →

The Stephen Komninos’ Law, enacted in 2017, went into effect on May 1, 2018. The new law is designed to protect individuals with developmental disabilities who receive services through the New Jersey Department of Human Services (DHS) from abuse, neglect, and exploitation by caregivers and others, to upgrade crimes committed against such individuals and to.. read more →

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

R.S. transferred her one-third interest in a house she owned jointly with her daughter and son-in-law to her daughter. Less than five years later, R.S. applied for Medicaid, and asserted that the transfer was exempt under Medicaid’s “caregiver child” exception to the rules prohibiting any transfers of assets within five years of the Medicaid application.. read more →

The decedent was survived by her incapacitated son, for whom the decedent had previously been appointed guardian. Following the decedent’s death, there was protracted litigation regarding the estate, a related trust, and the guardianship, which spanned four years. At the conclusion of the litigation, the attorneys involved submitted fee applications, seeking to be awarded payment.. read more →

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The video posted above informs viewers of the legal issues facing seniors, and the importance of seeking assistance with these issues from a Certified Elder Law Attorney. The video also describes the role of the National Elder Law Foundation (NELF) in the certification process. The video that will be aired nationally on PBS affiliates. NELF, a.. read more →

In 2006, the William Mallas executed a Last Will and Testament dividing his estate equally between his brother and niece. In March 2008, he signed a power of attorney designating his neighbor, Frank Picciolo, as his agent. In November 2008, Mr. Mallas executed a new POA again naming Frank as his agent, and a new.. read more →

Between April 2, 2018 and April 11, 2018, the New Jersey Superior Court, Appellate Division, issued six separate opinions involving Medicaid. While this is unusual, what is even more striking is that all six cases involve the same appellate court panel, and the same attorney representing each of the appellants. In these cases, the law.. read more →

After J.C. was admitted to a nursing facility, her son, S.C., submitted an application to the Camden County Board of Social Services for Medicaid benefits on her behalf. The county welfare board notified J.C. that she was eligible for long-term care benefits but her transfer of assets for less than full market value during the.. read more →

A.S.’s nephew and power of attorney designated Senior Planning Services (“SPS”) as A.S.’s authorized representative for establishing Medicaid eligibility. In SPS filed a Medicaid application, which was denied for excess resources on December 10, 2012. After SPS filed a request for a fair hearing but before the fair hearing was scheduled, A.S. died, and SPS.. read more →

There were three Medicaid applications filed on behalf of E.M. The first was filed in 2012 by his daughter, after his admission to a subacute care center. At the time, E.M. was suffering from dementia and was on a ventilator and feeding tube. This Medicaid application was denied for failure to provide documents to Medicaid,.. read more →

D.G. was declared legally incapacitated, and her son was appointed as her guardian. Her son designated an attorney from the firm of Peluso, Castelluci & Weintraub as D.G.’s representative for purposes of a Medicaid application. The attorney filed a Medicaid application in April 2013. In July 2013, D.G.’s son (her guardian) died unexpectedly. D.G.’s daughter.. read more →

After A.S. entered a nursing home, her son T.S. applied for Medicaid benefits on her behalf, listing A.S.’s sister’s address on the application. In June 2013, because the necessary financial information was not provided, Medicaid notified T.S. that the application was dismissed, and that T.S. had a right to request a fair hearing. However, T.S… read more →

An application for Medicaid benefits was filed for S.H. by his authorized representative, G.G. On December 20, 2013, G.G. was advised that S.H. was found eligible for Medicaid as of January 12, 2014, but was subject to a penalty period as a result of a transfer for less than fair market value. G.G. was advised.. read more →

On February 1, 2016, a Medicaid application was filed on behalf of W.S. by Hammonton Center for Rehabilitation and Healthcare as his authorized representative. On June 21, 2016, the application was denied for failure to provide information necessary to make an eligibility determination. The information outstanding consisted of bank statements from an ING Direct account… read more →

Our law firm has created a number of Legal Guides for our clients and website guests to provide a better understanding of important and often complex legal subjects. The Legal Guides are offered free of charge. One of the Legal Guides available to the public discusses The Basic Rules of Medicaid Eligibility. For practical purposes, in.. read more →

The Achieving a Better Life Experience (ABLE) Act allows people with disabilities who became disabled before they turned 26 to set aside up to $15,000 per year in tax-free savings accounts without affecting his or her eligibility for government benefits like Medicaid and Supplemental Security Income (SSI). This money can come from the disabled individual.. read more →

Because K.K. was a legal permanent resident (LPR) of the United States before August 22, 1996, the Superior Court, Appellate Division, reversed a Medical denial based on the agency’s error in finding that the applicant “had not been a permanent resident for five years or more.” K.K. v. Division of Medical Assistance and Health Services,.. read more →

A New York end-of-life agency, named End Of Life Choices New York, has approved a new form of advance directive document that allows people to stipulate, in advance, that they don’t want food or water if they develop severe dementia. The new advance directive is called the “Advance Directive for Receiving Oral Food and Fluids in.. read more →

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

When it comes to uploading videos online, YouTube and Vimeo are the two most popular platforms in the market. YouTube is the leading video sharing website on the web today. YouTube is so popular that many professionals, including many attorneys, have established their own YouTube channel. The Vanarelli Law Office has a YouTube channel too. However,.. read more →

A New Jersey appellate court ruled that a court can alter the plain and unambiguous language of a trust when extrinsic evidence suggests that the trust language is not what the settlor intended. In the Matter of the Trust of Violet Nelson, Deceased, Docket No. A-4004-15T1 (App. Div. March 28, 2018). Violet and Joseph Nelson had.. read more →

Recently, the Social Security Administration (SSA) published Transmittal No. 74, revising Part 05 of SSA’s Program Operations Manual System (POMS) covering Resource Exclusions in the Supplemental Security Income (SSI) Program pertaining to Achieving a Better Life Experience (ABLE) Accounts.  In the introduction to the new ABLE POMS, SSA said: Background This transmittal includes the current published guidance.. read more →

A New Jersey appeals court vacated an order approving a settlement and placing it in a special needs trust (SNT), ruling that there was no “meeting of the minds” between the parties. V.M. v. Jersey Shore University Medical Center, (N.J. Super. Ct. App. Div., A-0781-16T1, Nov. 3, 2017). LaTanya Murphy and her adult son V.M… read more →

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

Join us, at our Law Office at 242 St. Paul Street, Westfield, NJ Free Seminar on Paying for Long-Term Care Friday, April 20th, at two (2) convenient times: 8:00 – 9:30 a.m., or 5:00 – 6:30 p.m. Many factors — illness, incapacity and the need for long-term care — can leave a family’s finances in disarray. Fortunately,.. read more →

The U.S. Senate Special Committee on Aging has released the 2018 Fraud Book, listing the Top 10 Elder Scams Of 2018 based on reports to the Senate hotline.  The report is entitled “Fighting Fraud: Senate Aging Committee Identifies Top 10 Scams Targeting Our Nation’s Seniors.” From January 1, 2017, through December 31, 2017, the Senate.. read more →

A judge in Los Angeles ruled that a spouse in California is the presumptive healthcare decision-maker when there is no advance directive and the partner is in a persistent vegetative state. In re the Matter of Juan Fernando Romero, Patient, Case No. 16STPB06815 (Superior Ct., March 2, 2018). The case involved Juan Fernando Romero, who suffered.. read more →

Our law firm has created a number of Legal Guides for our clients and website guests to provide a better understanding of important and oftentimes complex legal subjects. The Legal Guides are offered free of charge. One of the Legal Guides available to the public discusses Special Needs Trusts and Special Needs Planning. Parents of children.. read more →

The defendant, who was the agent under his aunt’s power of attorney and executor of her estate, was sued by beneficiaries of the decedent’s estate for breach of fiduciary duty as her agent and executor. The power of attorney and will were executed in 1998. The plaintiffs alleged that, beginning in 2001, the defendant wrongfully.. read more →

17 Mar 2018
March 17, 2018

Happy St. Patrick’s Day!

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We will be celebrating St. Patrick’s Day 2018 as follows: Drinking Green Beer, Irish Whiskey and/or (most probably “and”) Guinness; and, Eating Corned Beef and Cabbage For readers of this blog: May the road rise up to meet you. May the wind be always at your back. May the sun shine warm upon your face;.. read more →

Attorney Donald D. Vanarelli is proud to announce that he was awarded an “AV Preeminent” rating from Martindale-Hubbell, an acknowledgment that he has achieved the highest level of professional excellence. From the Martindale-Hubbell website: “For more than 130 years, lawyers have relied on the AV Preeminent rating when searching for their own expert attorneys. The Martindale-Hubbell.. read more →