An 82-year old widow living on Social Security benefits borrowed over $400,000 and signed mortgage documents calling for the loan to be repaid in monthly installments over 30 years. The bank brought a foreclosure action, claiming that the mortgage was a conventional mortgage and that the widow had defaulted on the payments. The widow claimed.. read more →
Shortly after their father’s death, plaintiff (one of the decedent’s sons) filed a caveat against the estate, based on allegations of undue influence and payments made to his siblings prior to their father’s death. After his brother filed a complaint in the Superior Court, Probate Part to admit the father’s will to probate, plaintiff voluntarily.. read more →
The Consumer Financial Protection Bureau (CFPB) has released a report on financial exploitation of the elderly. The report compiles information from Suspicious Activity Reports (SARs) submitted by banks, credit unions, casinos, and other financial services providers. Based upon the SARs, financial institutions have reported that financial exploitation of older adults by scammers, family members, caregivers,.. read more →
It’s not always easy to recognize elder abuse when it happens to someone you love or care for. There are several types of elder abuse: Physical Abuse – An act, rough treatment or punishment that may result in injury, pain or impairment Psychological Abuse – Psychological, verbal or emotional abuse causing suffering, emotional pain, or distress.. read more →
For additional information concerning nursing home law and litigation, visit: Nursing Home Law and Litigation read more →
Love And Care Provided By Nephew Did Not Justify His Failure To Notify Any Beneficiaries Of The Existence Of Aunt’s Will
In 1998, Joan McFadden executed two powers of attorney (POAs) and a Living Will-Durable Health Care Power appointing John McFadden, her nephew, as her agent and attorney in fact, and Mary Sexton, her niece and John’s sister, as her alternative agent and attorney-in-fact. The two POAs stated that they would become effective upon the following.. read more →
At the time of Carol Rankins’ death in 2015, she had been married to Clyde Rankins for 28 years. She had one adopted daughter and two daughters from a prior relationship. The decedent’s surviving spouse was granted letters of administration of her intestate estate. One of her surviving daughters, Ursula, later filed a complaint seeking.. read more →
From June 21, 2018 edition of The Wichita Eagle: A Kansas man was found guilty of a felony after using his mom’s money for personal purchases instead of her nursing home care, officials said. Bruce J. Colle, 61, of Hutchinson, was found guilty Wednesday of one felony county of mistreatment of an elder person, Kansas.. read more →
On his HBO show, Last Week Tonight, John Oliver provided a scary and funny explanation of how guardianship works, ending with a public service announcement by William Shatner, Lily Tomlin and others explaining steps you can take to avoid the guardianship. The video is embedded above. The show focused on the abuses of a professional.. read more →
Elder Law, Estate/Trust Planning and Special Needs Law Firm REVEALED In New YouTube Video … All In 34 Seconds
New YouTube Video about the Law Office of Vanarelli & Li, LLC Vanarelli & Li, LLC is committed to protecting the legal rights and financial resources of seniors, the disabled and their families, and families in conflict. We provide legal services in the areas of elder law, estate planning, trust administration, special education, trial.. read more →
The Stephen Komninos’ Law, enacted in 2017, went into effect on May 1, 2018. The new law is designed to protect individuals with developmental disabilities who receive services through the New Jersey Department of Human Services (DHS) from abuse, neglect, and exploitation by caregivers and others, to upgrade crimes committed against such individuals and to.. read more →
The video posted above informs viewers of the legal issues facing seniors, and the importance of seeking assistance with these issues from a Certified Elder Law Attorney. The video also describes the role of the National Elder Law Foundation (NELF) in the certification process. The video that will be aired nationally on PBS affiliates. NELF, a.. read more →
In 2006, the William Mallas executed a Last Will and Testament dividing his estate equally between his brother and niece. In March 2008, he signed a power of attorney designating his neighbor, Frank Picciolo, as his agent. In November 2008, Mr. Mallas executed a new POA again naming Frank as his agent, and a new.. read more →
The U.S. Senate Special Committee on Aging has released the 2018 Fraud Book, listing the Top 10 Elder Scams Of 2018 based on reports to the Senate hotline. The report is entitled “Fighting Fraud: Senate Aging Committee Identifies Top 10 Scams Targeting Our Nation’s Seniors.” From January 1, 2017, through December 31, 2017, the Senate.. read more →
In October 2017, Congress passed an important new law, the Elder Abuse Prevention and Protection Act (EAPPA). The EAPPA is one of very few laws which allocates federal funds to address financial elder abuse. The new law was a direct reaction to increasing incidents of financial elder abuse. Every year, thieves, swindlers and even the.. read more →
The Pennsylvania Departments of Banking and Securities Aging have produced a new seven-minute video on elder financial abuse, focusing mostly on “scam artists.” The video follows: Financial abuse of the elderly has been called the “crime of the 21st century.” The average victim of abuse is a female, age 75 or older, with limited resources… read more →
A California court of appeals affirmed a jury award against the owner of a construction company who fraudulently induced a special needs trust trustee who was himself disabled to transfer title of the beneficiary’s family home to him, and that the conduct warranted punitive damages ten times the amount of compensatory damage award. Haworth v… read more →
The federal Nursing Home Reform Law was enacted in 1987, and became effective in October 1990. The Reform Law governs any nursing facility that accepts reimbursement from Medicare or Medicaid, and applies to all residents in any such facility, regardless of the individual resident’s payment source. In other words, the law applies whether the resident’s.. read more →
The plaintiff, Marjorie Fister, is the mother of defendant Kevin Edward Fister. In 2010, the defendant, along with his wife and four adult children, moved into plaintiff’s home with her. Mrs. Fister’s health declined and, in 2012, she moved into her daughter’s New York home. However, the defendant and his family remained in Mrs. Fister’s.. read more →
The Committee on the Unauthorized Practice of Law, appointed by the Supreme Court of New Jersey, recently issued Opinion 53 in which the Court considered weather non-lawyers who assisted applicants and beneficiaries in applying for Medicaid benefits were engaged in the unauthorized practice of law. The Court identified the non-lawyers providing Medicaid assistance as “Medicaid.. read more →
McHugh Fuller, a law firm which focuses on nursing home abuse and neglect, ran a full-page ad in The Toccoa Record, a Georgia newspaper. The ad stated that Heritage Healthcare of Toccoa, a nursing home owned by PruittHealth, was cited for deficiencies in the care of its residents. Also in the ad, the law firm invited.. read more →
Following bench trial, a trial judge ruled that a state law designed to protect seniors and other vulnerable customers does not (1) impose a legal duty on a bank or its employees to report fraudulent wire tire transfers to authorities, or (2) create a private right of action permitting an elderly customer who was the victim.. read more →
In order to protect the public and and guard against elder abuse by lawyers, the New Jersey Supreme Court suspended an attorney from the practice of law for one-year after the attorney borrowed nearly $90,000 from an elderly, unsophisticated widow who he knew for many years. In the Matter of William J. Torre, an Attorney.. read more →
Plaintiff, Emmaline O’Hara, and defendant, John B. O’Hara, Jr., were married in 1955. They had two children, Robin, who is deceased, and Kevin, from whom John was estranged. John acquired approximately $6 million in assets during the marriage. In 2012, Emmaline filed for divorce. At that time, Emmaline was 80 years old, and had been.. read more →
Caring for an elderly or disabled person frequently involves strenuous physical tasks as well as managing financial matters, organizing care, and more. As a result, caregivers may feel frustrated, isolated, stressed and overwhelmed. Although these feelings are perfectly normal, they can be harmful to both the caregiver and the person needing care. Over time, elder.. read more →
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