Blog – Page 55 – Vanarell & Li, LLC, Westfield, NJ Elder Law Attorneys

Aug

The Creation Of A Health Care Proxy Under New York Law Does Not Trigger An Agent’s Authority To Make Health Care Decisions

Rita Stein, on behalf of herself and as executrix of the estate of her deceased...

Aug

Disqualifying Opposing Counsel In A Lawsuit Involving Abuse Of A Power of Attorney

I am presently involved in a lawsuit in which my clients, three adult children of...

Jul

Trial Court Decisions Concerning The Choice Of An Appropriate Guardian Most Often Upheld On Appeal

This is the latest decision in the long-running legal drama involving Lillian Glasser which has...

Jul

Mediator Malpractice In New Jersey

There are so few reported cases in New Jersey involving claims of mediator malpractice that...

Jul

Court Is Not Required To Appoint Counsel For The Proposed Ward In Every Guardianship Lawsuit

Plaintiff, the executor of the estate of the proposed ward’s deceased daughter, and the proposed...

Jul

Legal Ethics and Social Media

Several interesting lawyer ethics opinions and cases were published recently in New Jersey and other...

Jul

Failure To Provide ‘Clear And Convincing Proof" of Decedent’s Intent Mandates Denial Of Action To Reform Trust

In this case, the decedent, William McLellan, created an irrevocable life insurance trust for the...

Jul

Court Rules New Jersey’s Budget Constraints Trump Disabled Adult’s Right To Payment Of Transport Costs

A New Jersey appeals court ruled that the state has no obligation to pay for...

Jun

Federal Appeals Court Finds VA Failed To Provide Timely Care And Benefits To Veterans

In a scathing 104-page opinion, the U.S. Court of Appeals for the Ninth Circuit ruled...

Jun

Should A Mediation Be Terminated When There Is A Power Imbalance Between The Participants?

(The following is part of a discussion, taken from a listserv, or electronic bulletin board,...

Jun

Intentionally Withholding Information In Mediation Will Not Invalidate The Resulting Settlement Agreement

A New Jersey appellate court held that intentionally withholding information in mediation does not invalidate...

Jun

Bank Account for Disabled Grandson Is Not Available Asset Under Medicaid Rules

In an unpublished, per curiam decision, a New Jersey appeals court ruled that a grant...

Jun

Blogger Who Posted Comments On Internet Message Board Is Not A "Journalist" Protected Under Shield Law, N.J. Supreme Court Rules

The N.J. Supreme Court held that a self-described journalist who posted comments on an Internet...

Jun

Co-Executors Of New Jersey Estate Must Act In Concert; Unilateral Action By Co-Executor May Constitute Grounds For Removal

A New Jersey court has held that a co-executor’s “unbridled belief she could act unilaterally...

Jun

Court-Approved Compensation Paid To Medicaid Applicant’s Children For Services Under Power Of Attorney Does Not Prevent Medicaid Penalty

A New Jersey appeals court upheld the imposition of a penalty period on a nursing...

Jun

Presumption Of VA Service-Connection Extended To Chronic Lymphocytic Leukemia And Small-Cell Lymphocytic Lymphoma

In order to receive service-connected compensation benefits from the Department of Veterans Affairs (VA) in...

May

Credibility Determinations By A Trial Court In Cases Involving Claims of Abuse Of A Power Of Attorney Are Binding On Appeal

Matter of Mildred B. Trocolor involved a dispute between two of the decedent’s adult children...

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