Blog – Page 50 – Vanarell & Li, LLC, Westfield, NJ Elder Law Attorneys

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...

May

Payments Made By Medicaid Applicant To Family Member Under Care Agreement Were Uncompensated Transfers, Subject to Penalty Period

A New Jersey appeals court held that payments made by a Medicaid applicant to her...

Apr

SSA Issues New Guidelines on How to Evaluate Trust Documents

On April 23, 2014, the Social Security Administration (SSA) issued Emergency Message 14026 providing instructions...

Apr

Contents of a Memorandum (or Letter) of Intent For a Disabled Family Member

A Memorandum (or Letter) of Intent communicates and documents your preferences regarding the care of...

Apr

Appeals Court Rules Lawyers Have A Constitutional Right to Blog About Their Cases

A California appeals court held that a trial court’s order directing a trial attorney to...

Apr

Guardianship and Mental Illness: Retaining a Ward’s Right to Self-Determination

Even after a guardian is appointed for an incapacitated person, our courts will seek to...

Apr

Topics Discussed in a Typical VA Fiduciary Interview

Typically, field examiners from the Department of Veterans Affairs (VA) conduct periodic investigations of fiduciaries...

Mar

Effective April 1, 2014, New Jersey Substantially Increases the Medicaid Penalty Divisor

As a result of the advocacy efforts by several New Jersey elder law attorneys following a...

Mar

Video of Presentation for Monmouth County Bar Family Law Committee on “Pensions and Special Needs Trusts”

Summary of Presentation: Pensions and Special Needs Trusts Special Needs Trusts (SNTs): Special needs...

Mar

Code of Ethics for Guardians

The court establishing a guardianship in New Jersey has an obligation to ascertain that the...

Mar

Getting a “Conformed,” but Unsigned, Copy of a Last Will and Testament Admitted to Probate in New Jersey

When our law office prepares a Last Will and Testament and other estate documents for...

Mar

Veterans Pension: Frequently Asked Questions And Answers

Frequently Asked Questions and Answers About Veterans Pension Who Can Help Me Fill Out the...

Mar

Rules for VA Fiduciaries

When a veteran, or his/her survivor, has been awarded benefits from the Department of Veterans...

Mar

Making Appropriate Disbursements From First Party Special Needs Trusts

A Special Needs Trust, sometimes called a Supplemental Needs Trust (SNT), is a trust designed...

Feb

Why Your Medicaid Application Should Be Entrusted To An Elder Law Attorney

What Is Medicaid? Medicaid is a government program through which many elderly and disabled people...

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