The New Jersey appellate division sustained the denial of Medicaid benefits based upon the applicant’s failure to submit documents necessary to verify his eligibility. Even though the Medicaid applicant was incapacitated due to dementia, could not speak, and whose agent under his power of attorney failed to assist, the court held that the Medicaid agency.. read more →

Recently, the Centers for Medicare & Medicaid Services (CMS) released a new toolkit which was developed to provide nursing homes, Governors, states, departments of health and other agencies overseeing these facilities with additional resources to aid in the fight against the COVID-19 pandemic within nursing homes. The toolkit is comprised of best practices from a variety.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →

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

For additional information concerning New Jersey elder law, visit: NJ Elder Law and Estate Planning Services   read more →

The patient was age 53 when he was transferred to Kindred Hospital. He had been diagnosed with multiple sclerosis and bipolar disorder in his twenties. When he signed the arbitration agreement in issue, he had required 24-hour nursing care for the previous 13 years, although he was not cognitively impaired at the time of the.. read more →

Based on reports from the local police department, Sussex County Division of Social Services, Adult Protective Services (“APS”) opened an investigation into the well-being of 85-year old Sally Dinoia, who was living with her son. Her son actively opposed the investigation, and his efforts included filing a federal complaint against APS and others involved in.. 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 →

B.F. is an octogenarian who suffered a stroke causing left-side paralysis. B.F. used a wheelchair, and needed assistance with her activities of daily living (ADLs) and instrumental activities of daily living (IADLs). She lived with her long-time friend. When B.F. became eligible for Medicaid, she enrolled in the State’s then-existing Global Options for Long-Term Care.. 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 →

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 →

Petitioner, a severely impaired young woman, resides at home with her father, her primary caregiver. She requires monitoring 24 hours a day. She cannot eat or speak, and is unable to sit, stand or change positions on her own. She is fed and hydrated through a gastrostomy tube. She experiences frequent seizures, which occur even.. 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 →

_______________________________________________ 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 needs planning and trial advocacy, including probate litigation, will contests, contested guardianships and elder abuse trials. Don is.. read more →

Nursing home care is growing ever more expensive. Contact your elder law attorney to learn how you can protect some or all of your family’s assets. For the first time, the median cost of a private nursing home room in the United States increased to $100,375 a year in 2018, up 3 percent from 2017,.. read more →

The following article appeared in the October 18, 2018 edition of the Star-Ledger newspaper: STUDY Caregivers Neglect Their Own Health Lauran Neergaard, Associated Press Skipping your checkup but not grandma’s? Caring for an older loved one is a balancing act, and a new poll shows that too often it’s the caregivers’ health that’s neglected. The survey,.. read more →