Blog

06
Oct

Action Against Assisted Living Facility For Resident’s Choking Death Survives Summary Judgment In Federal District Court 

Nancy Gimenez-Watson was a resident of Brighton Gardens of Edison, an assisted living facility (ALF)...
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01
Oct

Top 10 New Jersey Elder Law and Special Needs Trust Cases Decided in 2015

The 18th Annual Elder and Disability Law Symposium was held on September 29, 2015 at...
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15
Sep

Donald D. Vanarelli (Retired), Esq. to Present at the 18th Annual Elder and Disability Law Symposium

(Donald D. Vanarelli (Retired), Esq. in the midst of oral argument before the New Jersey...
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14
Sep

Reduction in PCA Hours Reversed; Assessment Tool Imposed Artificial Cap of 25 Hours of Care

The decision by respondent, United Healthcare, a managed care organization, to reduce the Personal Care...
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09
Sep

Appeals Court Rules Against Teacher Who Blogged That Her Students Were “Rude, Disengaged, Lazy Whiners”

The U.S. Circuit Court of Appeals  for the Third Judicial Circuit ruled this week that...
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07
Sep

Appellate Division Affirms Reformation Of Life Insurance Policy Through Imposition Of Constructive Trust

Eddie and Aidaliz Jones married in 1998. They had a child in 2003, and were...
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03
Sep

Federal Appeals Court Rules Short-Term Annuities Are Not “Available Resources” Preventing Medicaid Eligibility

In a 2 to 1 precedential decision by the United States Court of Appeals for...
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03
Sep

Donald D. Vanarelli (Retired), Esq. will be speaking at the 2015 First Annual End Of Life Conference

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02
Sep

Medicaid Gift Penalty May Not Be Reduced If Some, Or All, Of The Gifted Assets Are Returned

The Superior Court of New Jersey, Appellate Division, affirmed a decision of the Director of...
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01
Sep

Motion For Reconsideration Is Improper Vehicle For Party Seeking To Vacate A Settlement Agreement

Following the death of Kenneth Kanter, his son contested the validity of Mr. Kanter’s will...
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24
Aug

Court Rejects Alleged Incapacitated Person’s Preference for Guardian When Basis for Preference Was Not Provided

The Supreme Court of the State of North Dakota ruled that a lower court properly...
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23
Aug

Superior Court Permits Disinterment Over Objection Of Decedent’s Daughter

Immediately after the sudden death of her husband, Elizabeth Greenstein was approached by a rabbi...
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19
Aug

Upending 50 Years of Settled Law, California Supreme Court Rules Unambiguous Wills May Be Reformed to Correct Mistakes

In a recent case involving a holographic will, the California Supreme Court overturned an historical...
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17
Aug

Does Temporary Mismanagement of Special Needs Trust = Permanent SSI Ineligibility?

A federal district court concluded that a decision of the Social Security Administration (SSA) to...
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14
Aug

Penalty Imposed For Medicaid Applicant’s Transfer of Assets To Disabled Veteran

Federal court rules that federal law does not require a State to disregard a transfer...
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21
Jul

Another Caregiver Agreement Rejected By New Jersey Medicaid

E.A. began residing in a home owned by her adult daughter, B.C., in September 2004....
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21
Jul

How We Got A Letter Admitted To Probate As A Last Will and Testament

(The following excerpt is a portion of a brief prepared by my Law Firm in...
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14
Jul

New Ethics Guidelines Impose A Duty Of Technology Competence On New York Lawyers

New legal ethics guidelines developed by the Commercial and Federal Litigation Section of the New...
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13
Jul

Probate Judge Properly Exercised Discretion In Denying Guardianship Objections Without A Hearing

Following a daughter’s application to be appointed as guardian for her father, her brother objected...
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08
Jul

Comprehensive Rehabilitation Hospital Is Not Subject To New Jersey Nursing Home Act

Plaintiff Wilson Bermudez was a patient at Kessler Institute for Rehabilitation’s West Facility for five...
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