The asset limit for Supplemental Security Income (SSI) has been stuck at $2,000 since 1984. That’s equivalent to more than $5,600 today. So, in effect, it has been cut by almost two thirds. There is now a bill in congress, the SSI Savings Penalty Elimination Act that would raise the asset limit to $10,000 for.. read more →

In this case, the New Jersey Superior Court, Appellate Division, reversed a final decision of the state Medicaid agency imposing a 203-day period of disqualification for Medicaid benefits based upon the applicant’s alleged transfer of assets for less than fair market value within the five-year look-back period before the applicant entered a nursing home. J.F… read more →

For additional information concerning Medicaid and public benefits planning, visit: NJ Medicaid and Public Benefits Planning read more →

Before she died, Dorothy Dreher (“Dorothy”) had her attorney prepare a power of attorney naming her son David as her agent. Dorothy later had that same attorney prepare a Last Will and Testament, which favored her son David over her daughter Rebecca. Rebecca became concerned about David’s actions under Dorothy’s power of attorney, and had.. read more →

For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services For additional information concerning Medicaid applications and appeals, visit: NJ Medicaid Applications 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 →

We are pleased to announce that Donald D. Vanarelli was named to the New Jersey Super Lawyer’s list in Elder Law in 2022. Out of 85,000 attorneys licensed to practice law in New Jersey, and the numerous attorneys who practice Elder Law in our state, Mr. Vanarelli is one of only 32 attorneys to be.. 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 →

         After their father’s death, one of the decedent’s sons filed litigation against his siblings in their capacities as co-executors of the estate. The plaintiff did not challenge the validity of the will; he sought to compel an accounting of the estate.           In response to plaintiff’s lawsuit,.. read more →

Listed below are the top ten (10) posts on the Vanarelli Law Office blog and website articles with the highest readership in 2021, as measured by the number of “unique page views” of each blog post. The title of each article is hyperlinked to the original posting on the blog so that each article is.. read more →

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

The maximum amount that can be contributed each year to an ABLE account for a person with disabilities rose $1,000 to $16,000 on January 1, 2022.  The figure, which is tied to the inflation-adjusted value of the IRS’s gift tax exclusion, had been stuck at $15,000 since 2018.  Meanwhile, all but four states now offer ABLE programs. Congress.. read more →

Every year we release the key dollar amounts that are frequently used in elder law, estate administration and special needs trust planning, including Medicaid figures, Medicare premiums, Social Security Disability and Supplemental Security Income. Be sure to check back often, as we will add any information that has not yet been released and update the.. read more →

Being able to make health care decisions for ourselves is very important, but what happens if you become incapacitated and are unable to voice an opinion concerning your medical care?  If you don’t have a health care proxy or guardian in place, state law chooses who can make those decisions. A few states, such as.. read more →

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

2021 Elder Law College–Second Semester Format/Skill Level: Webinar  Location: Online  Date: December 1, 2021  Time: 9:00 AM – 4:00 PM ET Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2021 Elder Law College–Second Semester given by the New Jersey Institute for Continuing Legal Education on December 1, 2021 via ZOOM videoconference webinar. Mr. Vanarelli.. read more →

Today, the IRS announced that the annual gift exclusion will rise to $16,000 for calendar year 2022. The amount an individual can gift to any person without filing a gift tax return has remained at $15,000 since 2018. In addition, the basic estate tax exclusion amount for the estates of decedents dying during calendar year.. read more →

Recently, CMS Issued New Guidance for Unrestricted Visitation in Nursing Homes During the COVID-19 Public Health Emergency Nursing homes have been severely impacted by COVID-19, with outbreaks causing high rates of infection and death. In March 2020, the Centers for Medicare & Medicaid Services (CMS) issued a memorandum providing guidance to facilities on restricting visitation.. read more →

This lawsuit was actively litigated for nearly a decade. In this case, a sister filed a lawsuit against her brother regarding the Last Will and Testament of their father. The parties’ father executed a will in 2012 providing that his son would receive eighty percent of the estate, his daughter would receive ten percent, and.. read more →

Long-term care comes at a tremendous financial price, especially around-the-clock nursing home care. The cost of a private room in a nursing home in New Jersey is at least $12,000 per month, and may be more. Most people end up paying for long-term care and/or nursing home care out of their savings until they spend.. read more →

L.C. and his spouse R.S. sold their marital residence, and gave the proceeds of sale and other cash gifts to their daughter V.R. and her husband I.R. The total amount gifted was $435,000. V.R. and I.R. used the gifted assets to purchase a home. L.C. and R.S. lived at this home with V.R. and I.R… read more →

C.H., a resident of a long-term care facility, filed an application for nursing home Medicaid benefits. The Medicaid agency requested additional financial documentation from petitioner and petitioner’s designated authorized representative (DAR). The applicant’s DAR experienced repeated difficulties in obtaining the financial information requested by Medicaid. During those efforts, the DAR and the Medicaid caseworker exchanged.. 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 →

New Jersey appeals court affirmed denial of Medicaid application for failure to verify recurring bank transactions on applicant’s bank statements even though the transactions may have been part of a scam. G.M. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-0433-19, June 16, 2021). G.M. was eighty-three years old, suffered.. read more →

In this case, the Massachusetts Supreme Judicial Court held that property in an irrevocable trust is not countable by Medicaid even if the grantor/applicant retains a limited power of appointment over the property in the trust. Patricia A. Fournier vs. Secretary of the Exec. Office of Health & Human Services (SJC-13059, July 23, 2021) (SJC-13059,.. read more →