Blog – Page 42 – Vanarell & Li, LLC, Westfield, NJ Elder Law Attorneys

Jul

Uniform Fiduciary Access to Digital Assets Act Passed by Uniform Law Commission

The Uniform Law Commission, a national law group, approved a new law on July 16,...

Jul

Competent Party Cannot Appear in Divorce Proceeding Through Power of Attorney

New Jersey trial judge ruled that a litigant may not appear at trial in a...

Jul

Liability of a Guardian for the Harmful Acts of a Ward

When confronting the prospect of guardianship for a loved one, a threshold issue is who...

Jul

Medicaid Applicant’s Claim Against State for Unreasonable Delay Survives New Jersey’s Motion to Dismiss

In Brill v. Velez (U.S. Dist. Ct., D. N.J., No. 1:13-cv-05643 (NLH/AMD), June 27, 2014), a...

Jul

Nursing Home Resident’s Federal Lawsuit Survives Facility’s Motion to Dismiss

In the May 30, 2014 Kongtcheu v. Secaucus Healthcare Center decision, the United States District...

Jun

GAO finds 5% of Applicants Transferred Assets for Less Than Fair Market Value to Qualify for Nursing Home Medicaid

On June 23, 2014, the Government Accountability Office (GAO) released its report, Financial Characteristics of...

Jun

NJ Court Dismisses Lawsuit by Alleged Abuser Against Those Who Reported and Investigated Claims of Elder Abuse and Neglect

A New Jersey trial judge dismissed a lawsuit asserted by an alleged abuser against a...

Jun

Gift Penalty Affirmed; No Evidence Medicaid Applicant’s Transfer was Loan Repayment, and No Deference Accorded ALJ’s Contrary Decision

In the May 19, 2014 J.P. v. Division of Medical Assistance and Health Services decision, New...

Jun

VA to Simplify Burial Benefits Program

Effective on July 7, 2014, the Department of Veterans Affairs (VA) is changing its monetary...

Jun

House Ownership Options when a Parent and Adult Child Live Together: Tax, Medicaid and Personal Issues

(On June 16, 2014, I was a speaker at the 71st Semi-Annual Tax & Estate...

Jun

Substantial Attorneys Fee Award Upheld In Will Contest Alleging Undue Influence

A New Jersey appeals court upheld a substantial fee award exceeding the amount in controversy...

Jun

Court Denies Preliminary Injunction to Prevent New Jersey Medicaid from Counting Annuity as Available Resource

A federal district court in New Jersey ruled that a Medicaid applicant was not entitled...

Jun

The Role of the Guardian ad litem in Probate Litigation

In general, an incapacitated person is to be represented in any litigation by a guardian,...

Jun

NJ Federal Court Awards Medicaid, Excluding Entire VA Pension Benefit from Countable Income

Hon. Robert B. Kugler, United States District Judge for the District of New Jersey, reversed...

Jun

New Jersey Federal Court Grants Request for Waiver of Social Security Overpayment

In the April 28, 2014 Karlson v. Colvin decision, New Jersey’s Federal District Court reversed...

May

Federal Court Rules No Private Right to Sue under Nursing Home Reform Act

A United States District Court recently ruled that a nursing home resident does not have...

May

Determining Capacity in Seniors and the Disabled through “Observational” Assessment

Decision-making capacity involves four (4) key abilities: the ability to understand information relevant to a...

May

New ABA Ethics Opinion: Lawyers May Review Jurors’ Online Public Information, But Private Social Media is Off Limits

Trial lawyers must know where the ethical line is drawn between properly investigating jurors and...

May

Using Flawed Reasoning, NJ Medicaid Denies Benefits To A Wartime Veteran’s Widow By Incorrectly Counting VA Pension As Income

Although the petitioner in this case, A.G., succeeded in obtaining Medicaid benefits after filing a...

May

12 Things You May Not Know About The Affordable Care Act

The Affordable Care Act (ACA) is an historic effort by the government to extend medical...

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