The Quick Guide for Families summarizes the information in the Policies and Procedures Manuals prepared by the New Jersey Department of Human Services’ Division of Developmental Disabilities (DDD) for the DDD’s Medicaid waiver programs, the Supports Program and Community Care Program. The Quick Guide summarizes the eligibility rules and regulations governing the Supports Program and.. read more →

This ethics case stems from a 2007 car accident in which Dennis Hernandez was allegedly struck by a police car from the borough of Oakland, NJ while performing sit-ups in a parking lot. Hernandez sued Oakland, the police department and the officer who drove the police car, claiming he suffered a broken pelvis and broken.. read more →

The Centers for Medicare & Medicaid Services (CMS) announced new guidance for state and local officials to ensure the safe reopening of nursing homes across the country. The guidance details critical steps nursing homes and communities should take prior to relaxing restrictions implemented to prevent the spread of COVID-19, including rigorous infection prevention and control, adequate.. read more →

Many guardians are wondering how the COVID-19 pandemic will impact their responsibilities. The National Guardianship Association, the American Bar Association Commission on Law and Aging, and the National Center for State Courts have worked together to develop a list of “Frequently Asked Questions” or FAQs. Throughout the list of FAQs, they have provided suggestions and.. read more →

Recently, the Centers for Medicare & Medicaid Services (CMS) released a new toolkit which was developed to provide nursing homes, Governors, states, departments of health and other agencies overseeing these facilities with additional resources to aid in the fight against the COVID-19 pandemic within nursing homes. The toolkit is comprised of best practices from a variety.. read more →

When she was admitted to a skilled nursing facility, petitioner owned a home.  Following her admission, petitioner’s son, who was petitioner’s power of attorney, applied for Medicaid benefits on her behalf. Personnel at the facility informed the son that, in order to attain Medicaid eligibility, petitioner could have no assets. As a result, petitioner’s son.. read more →

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

Launched by the American Bar Association (ABA) Commission on Law and Aging, Mind Your Loved Ones, known as MYLO, is a mobile app that gives individuals the ability to store their own and their loved one’s critical medical information, health care directives, and other related data on their Apple or Android phones, iPads or tablets… read more →

B.M. was incapacitated since birth. E.M. and plaintiff L.M. are her siblings. L.M. lived with B.M. for twenty-seven (27) years. and she provided for B.M.’s care, After her mother’s death, B.M. was declared mentally incompetent. L.M. was the appointed guardian of B.M.’s person, and E.M. was the appointed guardian of B.M.’s property. The two guardians.. read more →

COVID Coach is a free, easy-to-use mobile application created for everyone, including Veterans and Servicemembers, to support self-care and overall mental health during the coronavirus (COVID-19) pandemic. The app was developed by the Department of Veterans Affairs (VA) in 2020. The app connects you to resources to help you cope with stress, stay healthy, stay.. read more →

The penalty divisor is the average daily cost of nursing home services in New Jersey. It is adjusted annually after a survey of all nursing facilities in New Jersey is conducted. The penalty divisor is used to determine the penalty period for an individual applying for Medicaid Long-Term Services and Supports when that individual transfers.. read more →

Question: How to ensure that clients have an opportunity to sign their Last Wills and Testaments, Powers of Attorneys, Special Needs Trusts, Physician Orders for Life-Sustaining Treatment (POLST) forms, Advance Medical Directives and the myriad of other estate documents we typically prepare for clients during a coronavirus pandemic when social distancing is mandatory? Answer: Conduct.. read more →

The decedent was admitted to the defendant facility, Regency Heritage Nursing and Rehabilitation, in 2013. On the admission date, her daughter accompanied her to the nursing home. The daughter alleged that she was separated from her mother and brought to a conference room, where she was presented with a stack of documents to sign. She.. read more →

The coronavirus relief bill includes a direct payment to most Americans, but this has Medicaid recipients wondering how the payment will affect them. Because the payment is not income, it should not count against a Medicaid recipient’s eligibility. The Coronavirus Aid, Relief, and Economic Security (CARES) Act provides a one-time direct payment of $1,200 to.. read more →

Directive #12-20 issued by the New Jersey Supreme Court establishes principles and protocols for virtual court operations, including information about ways to conduct remote court events. The full name of the directive is “Directive #12-20 – Principles and Protocols for Virtual Court Operations During the COVID-19 Coronavirus Pandemic – (1) Methods of Conducting Remote Court.. read more →

You may need to reevaluate some elements of your estate plan in light of the coronavirus pandemic. There are unique aspects of this crisis that your current estate planning documents may not be suited to handle. The language in some estate planning documents that is fine under normal conditions may cause additional problems for you.. read more →

For additional information concerning estate planning and administration, visit: Estate Planning and Administration 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 issued new guidelines governing the use of electronic devices in and around courthouses. The Court stated that the reason for the new guidelines was to ensure that electronic devices do not “disrupt proceedings or compromise security, fairness to litigants, efficiency and/or appropriate courtroom decorum.” In summary, the new guidelines.. read more →

Plaintiffs, who were beneficiaries of the decedent’s estate, sued the defendant-executor for misappropriation of estate assets. The parties engaged in mediation, and their settlement agreement was memorialized in a handwritten agreement that the mediator prepared. Thereafter, the plaintiffs’ attorney sent the defendant’s attorney a proposed consent order incorporating the terms of the agreement. When the.. read more →

The Families First Coronavirus Response Act (“CV Response Act”) was signed into law on March 18, 2020.  The CV Response Act bars all Medicaid terminations during the course of the public health emergency caused by COVID-19. All individuals enrolled in Medicaid as of March 2020 must have continued benefits, until the last day of the.. read more →

This promotional video is presented as an introduction to the “Estate and Disability Planning” Video Series Program. “Estate and Disability Planning” is a 4-part video series presented by noted Certified Elder Law Attorney and Accredited Veterans Attorney Donald D. Vanarelli, Esq. The video series covers a number of crucial elder law topics for New Jersey.. read more →

Today, the Centers for Medicare & Medicaid Services (CMS) issued a press release announcing new regulatory requirements that will require nursing homes to inform residents, their families and representatives of COVID-19 cases in their facilities. In addition, CMS will now require nursing homes to report cases of COVID-19 directly to the Centers for Disease Control and.. read more →

The estate documents of the decedent, Lois N. DeConca, included a revocable trust naming “Alzheimer’s Association, New Jersey,” with a Denville New Jersey address, as a beneficiary. After her death, her estate filed a Verified Complaint seeking direction from the court regarding which charity was the intended beneficiary: the National Alzheimer’s Association (AA), headquartered in.. read more →

Until recently, New Jersey law required notary services to be performed in-person. However, with the outbreak of COVID-19 causing residents to self-isolate and notary offices to close, it has become much more challenging to get documents notarized. As a result, it is increasingly difficult to proceed with legal and financial transactions. To deal with this.. read more →

Launched in late 2016, the Department of Veterans Affairs (VA) weekly podcast is a part of its ongoing effort to engage and reach out to Veterans. “Borne the Battle” recognizes each battle, challenge, and sacrifice our Veterans endure during and after their service, as well as spotlighting important resources, offices, and benefits the VA offers.. read more →

This week we lost one of my favorite clients. Thomas Saccone was a retired Newark firefighter. He and his wife are the parents of a severely disabled son who receives Supplemental Security Income (“SSI”) and Medicaid, which are critical in providing for his care. As a firefighter, Tom was a member of the Police and.. read more →

This promotional video is presented as an introduction to the “Guardianship Practice: A Step-By-Step Guide” Video Series. This video series was presented by noted Certified Elder Law Attorney, Donald D. Vanarelli, Esq., as part of Elder Law College Lecture program. The Elder Law College program is sponsored annually by the New Jersey Institute for Continuing.. read more →

Yesterday, April 9th, the New Jersey judiciary launched The Judiciary Electronic Document Submission (JEDS) system, an electronic filing system to ease the filing of cases and slow backlogs while the state remains under an extended health emergency. The JEBS system will allow attorneys and litigants who represent themselves to file their papers electronically in most.. read more →

Did you know more than 9 million health care appointments made by veterans through the Veterans Health Administration (VHA) go unutilized each year due to missed appointments? To increase access to health care for all veterans, the VHA has developed VEText, an interactive mobile solution to remind Veterans of upcoming appointments via text messaging. The .. read more →

The New Jersey Supreme Court has approved temporary adjustments to the process for seeking an adjudication of incapacity of an adult and the appointment of a guardian of the person and/or estate. Based on social distancing requirements, the court rules and regulations governing the procedures for obtaining guardianship over incapacitated adults are relaxed to permit.. read more →

This promotional video for the Nursing Home Resident Rights Video Series was presented by noted Certified Elder Law Attorney, Donald D. Vanarelli, Esq., as part of The Medical Side of Elder Law Lecture Series. The Medical Side of Elder Law program was sponsored by the New Jersey Institute for Continuing Legal Education (NJICLE), in association.. read more →

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

To Our Family, Friends, Clients, and Community: At the Law Office of Donald Vanarelli, we understand that the coronavirus COVID-19 has resulted in a period of uncertainty for us all. We have two messages for you. First, keep in mind that this situation, while extremely challenging, is temporary. Second, consider using this period of self-isolation.. read more →

In order to qualify for Medicaid benefits, an applicant may not own more than $2.000 in countable assets. All assets are countable, with few exceptions. Annuities purchased by Medicaid applicants are countable resources unless they are irrevocable and meet certain other requirements. In this case, Jane Cushing purchased a single-premium, immediate annuity from the Croatian.. read more →

The New Jersey Supreme Court issued its First Omnibus Order on March 27, 2020 extending by 30 days the deadlines for the suspension of court proceedings and other matters in light of the ongoing public health emergency caused by COVID-19. The previous orders involved criminal, civil, family, tax and municipal courts, and suspended civil and.. read more →