The New Jersey Long Term Care Ombudsman (NJLTCO) is part of a national advocacy program, authorized by the federal Older American’s Act. The NJLTCO advocates for residents of long-term care facilities by investigating and resolving complaints made by or on behalf of those residents. Examples of the types of complaints commonly investigated by the NJLTCO:.. read more →
This latest edition of Law Points for Senior Citizens, the 4th edition, is published by the New Jersey State Bar Foundation as a public service to explain laws in New Jersey of special interest to senior citizens. The booklet explains laws governing a variety of topics, such as Social Security retirement benefits, Medicaid and nursing.. read more →
Every day the lives of older adults are profoundly and negatively impacted in both the criminal and civil justice systems based on mistaken assumptions and inadequate assessments of their capacity to make decisions for themselves. In order to raise greater awareness of these issues and improve how elder justice professionals approach these issues, the Department.. read more →
Ralph Sandor died on January 20, 2018, at the age of 107. The Court appointed an Administrator Pendente Lite of the decedent’s estate (the “Administrator”). The Administrator filed an action seeking to set-aside gifts made by decedent’s grand-nephew, Anthony Russo, Jr. (“Russo”), by and through a power of attorney. The Administrator alleged that the transfers.. read more →
The New Jersey Supreme Court has amended the Court Rules governing guardianships to establish a new state-wide policy for background screenings of proposed guardians of incapacitated persons. The amendments are effective as of May 15, 2021. The new policy is intended to safeguard the vulnerable population of incapacitated adults against risks of potential abuse, neglect,.. read more →
A webinar on financial protection of older adults during the COVID pandemic was held on February 23, 2021. The webinar provided tips to avoid vaccine-related scams and information on resources available to older adults. A recording of the webinar is now available for on-demand viewing, and can be accessed on this blog below. The webinar.. read more →
According to the National Council on Aging, approximately 1 in 10 Americans aged 60 and older have experienced some form of elder abuse. Some estimates range as high as 5 million elders who are abused each year. One study estimated that many cases go unreported – only 1 in 14 cases of abuse are reported.. read more →
A U.S. district court dismissed fraud claims based on the unauthorized practice of law against a New Jersey company that provided assistance to Medicaid applicants, ruling that the estate of a nursing home resident did not provide evidence that the company misled the estate about performing legal work for it. The Estate of Cotton v… read more →
(The BiFocal e-newsletter is a publication of the ABA Commission on Law and Aging. In a recent BiFocal e-newsletter, the ABA Commission published the following guidance on defensive practices that may be used to prevent misuse of a power of attorney, such as careful selection of agents, drafting in oversight and accounting, and limiting powers… read more →
A new report from National Center on Elder Abuse (NCEA) in collaboration with the National Adult Protective Services Association (NAPSA) entitled “Mandated Reporting of Abuse of Older Adults and Adults with Disabilities” is now available. This report focuses on mandated reporting of abuse of older adults and adults with disabilities to Adult Protective Services (APS) or.. read more →
The Law Council of Australia, an information source I was unfamiliar with until recently, released a new legal guide entitled “Best Practice Guide for Legal Practitioners in relation to Elder Financial Abuse.” The Guide is intended to assist legal practitioners to identify and address potential issues regarding elder financial abuse in the preparation and execution of.. read more →
In a case of first impression, the New Jersey Supreme Court held that forcing a defendant to reveal the passwords to his password-protected iPhones which were properly seized by police authorities does not run afoul of the state or federal constitutions. State v. Robert Andrews, Docket No A-72-18 (NJ Supreme Ct., August 10, 2020). The.. read more →
Each year on June 15, the World Elder Abuse Awareness Day is celebrated by sharing resources to help prevent elder financial exploitation. The Consumer Financial Protection Bureau (CFPB), a federal agency, defines “elder financial abuse” as a situation in which “someone uses an older adult’s resources improperly or deprives an older adult of access to,.. read more →
Do you have evidence of misconduct involving a New Jersey nursing home or other long-term care facility during the COVID-19 outbreak? Now you have a chance to report the misconduct to New Jersey’s Attorney General. On April 16, 2020, New Jersey Attorney General Gurbir S. Grewal announced that the Office of the Attorney General had opened.. read more →
The Centers for Medicare & Medicaid Services (CMS) sent a news alert recently recognizing that some nursing homes are seizing residents economic impact payments (or “Stimulus Checks”) authorized under the CARES Act. CMS confirms that this practice is prohibited, and nursing homes that seize these payments from residents could be subject to federal enforcement actions,.. read more →
New Jersey Bankers Association Financial Elder Abuse Webinar Date Time: Jun 10, 2020 10:00 AM Eastern Time (US and Canada) Topic: On-Line Webinar on Financial Elder Abuse Financial Elder Abuse is a growing concern, with 4 million cases of elder abuse reported last year. The elderly are often bilked out of their savings, investments, and.. read more →
The New Jersey Supreme Court issued its First Omnibus Order on March 27, 2020 extending by 30 days the deadlines for the suspension of court proceedings and other matters in light of the ongoing public health emergency caused by COVID-19. The previous orders involved criminal, civil, family, tax and municipal courts, and suspended civil and.. read more →
As reported by Jon Hurdle in a March 9, 2020 NJ Spotlight article, a pending bill would increase fines for failing to report that an institutionalized older adult is being exploited or abused. The bill, introduced February 13, 2020, would apply to, any caretaker, social worker, physician, registered or licensed practical nurse, or other professional.. read more →
The following information on staffing levels in New Jersey nursing homes in the third quarter of 2019 is from the Long-Term Care Community Coalition (LTCCC) website. As set forth on the LTCCC website: Sufficient staffing is one of the most important indicators of a nursing home’s quality and safety. Unfortunately, inadequate nursing home staffing is.. 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 →
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 →
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 →
Louis Keppel hired Donna Thomas as a home health aide. Thomas was employed by Angela’s Angels Home Healthcare and Angela’s Angels, LLC. Keppel died intestate. Dolores Guttmann and Thomas Loikith were appointed co-administrators of his estate. Guttmann and Loikith discovered that Thomas misappropriated 192 checks from Louis Keppel over a two-year period. In that regard,.. 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 →
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2019 “Elder Law in a Day” seminar given by the New Jersey Institute for Continuing Legal Education on July 10, 2019 at the New Jersey Law Center in New Brunswick, New Jersey. Mr. Vanarelli will provide the case law update, summarizing the most significant legal developments.. read more →
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