Involuntary Transfers Or Evictions To Another Care Facility “Difficult” residents are often subjected to involuntary eviction on the basis of the resident’s welfare, and that the resident’s needs cannot be met at the current nursing facility. As one commentator notes, “This type of argument is misplaced, however, because it only applies if the resident’s needs.. read more →

R.K. transferred her one-third interest in a house she owned jointly with her daughter and son-in-law to her daughter. Less than five years later, R.K. applied for Medicaid, and asserted that the transfer was exempt under Medicaid’s “caregiver child” exception to the rules prohibiting any transfers of assets within five years of the Medicaid application.. read more →

H.R., who had significant cognitive and functional deficits, was admitted to the Hammonton Center for Rehabilitation and Healthcare (Hammonton Center).  The Hammonton Center filed a complaint seeking the appointment of a guardian for H.R. While H.R.’s guardianship was still pending, the Hammonton Center filed a Medicaid application with the Atlantic County Board of Social Services.. read more →

The Nursing Home Reform Act of 1987 (“NHRA”) was enacted by Congress to provide “sweeping reform” in response to widespread issues of abuse, neglect, inadequate care, and general denial of residents’ basic rights in nursing facilities. Revised regulations for nursing facilities were released by the Centers for Medicare & Medicaid Services (“CMS”) in 2016. These.. read more →

On November 20, 2019, I presented at the 2019 “The Medical Side of Elder Law” seminar given by the New Jersey Institute for Continuing Legal Education at the Hilton/Doubletree Hotel in Fairfield, New Jersey. I presented an overview of the rights of residents of nursing homes and other care facilities under federal and state laws.. read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services   read more →

The Medical Side of Elder Law 2019 Location: New Jersey Law Center, 1 Constitution Sq. New Brunswick, NJ 08901 Date: November 20, 2018 Time: 9:00 AM – 4:00 PM ET Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2019 “The Medical Side of Elder Law” seminar given by the New Jersey Institute for Continuing Legal Education.. read more →

H.T. was admitted to a nursing home in Union City, NJ. Soon thereafter, a Medicaid application for the Nursing Home Medicaid program was filed on H.T.’s behalf. Under the Medicaid regulations, applicants for the Nursing Home Medicaid Program must be found clinically eligible to qualify for benefits. After an evaluation by the Medicaid agency to.. read more →

L.A., a nursing home resident, applied for Medicaid benefits to pay for long-term care costs. G.A., L.A.’s husband, and L.A. employed a firm to assist them with the Medicaid application process. Although years before filing the Medicaid application G.A. and L.A. transferred their home into a revocable trust, the firm failed to provide copies of.. read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services   _______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal services in the areas of elder law, estate planning, trust administration, special.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning   For additional information concerning VA compensation and pension benefits, visit: VA Compensation and Pension Benefits read more →

Peter and his brother Sheldon are the only children of Anna Biber. Anna owned a home in Morristown, where she lived with Sheldon. In 1994, when Anna’s health began to decline, Peter was appointed her guardian. In 1998, Anna’s healthcare expenses increased significantly. Since his mother had insufficient assets to pay for care, Peter began.. read more →

New Jersey appeals court held that a nursing home does not have standing to bring a lawsuit against the daughter/power of attorney of a resident who transferred the resident’s money to herself, causing a Medicaid penalty period. Future Care Consultants v. M.D. (N.J. Super. Ct., App. Div., No. A-4565-17T1, July 5, 2019). M.D. cared for her.. read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services _______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal services in the areas of elder law, estate planning, trust administration, special education,.. read more →

N.S., who was 87 years old and residing in a nursing home, submitted an application for Medicaid benefits through his authorized representative, L.P. Prior to his admission to the nursing home, N.S. resided with his wife, D.S., who was 86 years old. For months after the application was filed, the Medicaid caseworker requested additional documents.. read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services _______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal services in the areas of elder law, estate planning, trust administration, special education,.. read more →

In 1986, Plaintiff Andres Nieves, Sr. purchased a home in Dover, New Jersey (the “home”) with his son, Andres Nieves, Jr. (“Nieves, Jr.”) In 2002, plaintiff suffered a stroke rendering him unable to perform various “activities of daily living” without assistance. Plaintiff resided in the home with his son until he entered a long-term care.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services read more →

Z.P. was a resident of Aristacare at Cedar Oaks in South Plainfield, New Jersey. Z.P. filed for Medicaid benefits and was found to be medically and financially eligible as of December 1, 2016. However, Z.P. made transfers for less than fair market value within five years of the application date for Medicaid. As a result,.. read more →

A Texas appeals court held that the state could not count the assets of a Medicaid applicant as “available resources” under the Medicaid rules because the applicant was incapacitated and not able to liquidate the assets. Texas Health and Human Services Commission v. Marroney (Tx. Ct. App., No. 03-18-00190-CV, May 24, 2019). Anna Marroney suffered a.. read more →

J.G., an indigent nursing home resident, applied for Medicaid benefits. While his Medicaid application was pending, J.G. passed away. Thereafter, the Essex County Division of Family Assistance and Benefits, the county welfare agency, denied J.G.’s Medicaid application, concluding he was ineligible as he died before eligibility could be met. Future Care Consultants, J.G.’s designated authorized.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services _______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal.. read more →

Petitioner, J.F., through his daughter and power of attorney, M.P., applied for Medicaid benefits. The county welfare agency requested five years of bank statements from his checking account and told him the application would be denied if the requested information was not provided by April 23, 2015. M.P. asked for an extension of time. In.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning _______________________________________________ ABOUT DONALD D. VANARELLI Donald D. Vanarelli has been a practicing attorney since 1983 in New Jersey and New York. Don provides legal services in the areas of elder law, estate planning, trust administration, special education, special.. read more →

You are invited to attend our upcoming Free Seminar – “Planning for the Catastrophic Costs of Long-Term Care” on Wednesday, April 3, 2019, at 4:00 PM at the  Law Office of Donald D. Vanarelli,  242 St. Paul Street, Westfield, NJ 07090. Light food and drink will be served. Please join Donald D. Vanarelli, Esq., Certified Elder Law.. read more →