This promotional video for the Nursing Home Resident Rights Video Series was presented by noted Certified Elder Law Attorney, Donald D. Vanarelli, Esq., as part of The Medical Side of Elder Law Lecture Series. The Medical Side of Elder Law program was sponsored by the New Jersey Institute for Continuing Legal Education (NJICLE), in association.. read more →

To Our Family, Friends, Clients, and Community: At the Law Office of Donald Vanarelli, we understand that the coronavirus COVID-19 has resulted in a period of uncertainty for us all. We have two messages for you. First, keep in mind that this situation, while extremely challenging, is temporary. Second, consider using this period of self-isolation.. read more →

In order to qualify for Medicaid benefits, an applicant may not own more than $2.000 in countable assets. All assets are countable, with few exceptions. Annuities purchased by Medicaid applicants are countable resources unless they are irrevocable and meet certain other requirements. In this case, Jane Cushing purchased a single-premium, immediate annuity from the Croatian.. read more →

The New Jersey Supreme Court issued an 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 coronavirus COVID-19. The previous orders involved criminal, civil, family, tax and municipal courts, and suspended civil and criminal.. read more →

New York Governor Andrew Cuomo has issued Executive Order 202.7, which temporarily suspends the rule requiring physical appearance before a notary public until April 18, 2020. This action was taken to facilitate the process of closing sales and signing estate documents remotely amid the coronavirus pandemic. The Executive Order allows notaries to notarize all legal.. read more →

The New Jersey Department of Human Services (“DHS”) has created a dedicated website for COVID-19 updates relating to the services and supports offered through all of its divisions. The new website can be found at: https://nj.gov/humanservices/coronavirus.html. It includes important updates for the following categories of information: Press Releases Child Care Developmental Disabilities: Individuals, Families And.. read more →

As a result of the declaration of a national emergency, the Centers for Medicare and Medicaid Services (CMS) has waived the requirement that Medicare beneficiaries must spend at least three days in a hospital before qualifying for coverage in a skilled nursing facility (SNF) for those beneficiaries who need to be transferred as a result.. read more →

All local Social Security offices will be closed to the public for in-person service starting Tuesday, March 17, 2020. If you need help from Social Security, the agency suggests that the public proceed as follows: First, please use the Social Security Administration (SSA) secure and convenient online services available at www.socialsecurity.gov/onlineservices. You can apply for retirement,.. read more →

The Centers for Medicare & Medicaid Services (CMS) is responsible for ensuring the health and safety of nursing home residents by enforcing the standards required to help each resident attain or maintain their highest level of well-being. In light of the recent spread of COVID-19, CMS provided guidelines for visiting nursing facility residents, to help.. read more →

The decedent, Anne Jelin, was survived by four siblings, including her brother Frederick. The decedent left a 2013 will, in which she made charitable bequests, bequests to her siblings, excluding Frederick, and bequests to nieces and nephews. Upon his sister’s death, Frederick challenged the will on the basis of lack of testamentary capacity and undue.. read more →

Listed below are the top ten (10) posts on the Vanarelli Law Office blog with the highest readership last year, in 2019. After each hyperlinked blog post title, the original post date is included. Check out the list to see this year’s highlights. Our sincere thanks for taking the time to read our blog!    .. read more →

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

Below, in chronological order, is the  annual roundup of the top 10 elder law decisions across the nation for the past year, as measured by the number of “unique page views” of the summary of the decision received on the ElderLawAnswers website. ElderLawAnswers is a web-based resource available for those in the public seeking information.. read more →

2020 NJ-NAELA UNPROGRAM Wednesday, April 22, 2020 from 9:00 AM to 5:30 PM Lambertville Inn Lambertville, New Jersey Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2020 UNPROGRAM presented by the New Jersey Chapter of the National Academy of Elder Law Attorneys. The NJ-NAELA UNPROGRAM will be held on April 22, 2020 at the.. 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 →

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2020 Elder and Disability Law 2-Day Retreat to be held on April 23-24, 2020 at the Lambertville Station Restaurant and Inn, located at 11 Bridge Street, Lambertville, New Jersey by the New Jersey State Bar Association Elder and Disability Law Section and the New Jersey Institute.. read more →

The New Jersey Appellate Division declared a nursing home’s arbitration agreement to be void based upon the agreement’s “dense and meandering first sentence” of more than 200 words, among other problematic features. Estate of Bright v. Aristacare at Cherry Hill. Maureen Bright was discharged from the hospital to Aristacare after undergoing a second leg amputation. Maureen.. read more →

In Hegadorn v. Department of Human Services, the Michigan Supreme Court approved the use of a trust established for the sole benefit of the healthy spouse as a valid method to protect the assets of a married couple when the ill spouse is a Medicaid recipient in a nursing home or other long-term care facility. The.. read more →

On June 27, 2017, D.A., through his Designated Authorized Representative (DAR), applied to the Burlington County Board of Social Services, the county welfare agency (CWA), for nursing home Medicaid benefits. Prior to submitting the Medicaid application, D.A.’s nursing facility requested pre-admission screening (PAS) on D.A.’s behalf in May 2017 to establish D.A.’s clinical eligibility for.. read more →

A nurse’s aide at a senior care facility in southern Minnesota posted a photograph of an elderly patient with on social media with a demeaning and vulgar message did not violate state law meant to protect patient privacy, a state court ruled. Furlow v. Madonna Summit of Byron, Docket No. A19-0987 (Minn. Ct. of Appeals,.. read more →

The decedent’s daughter had been disinherited under her mother’s 2013 Last Will and Testament. Following the decedent’s death, the daughter sought to admit a 2016 draft will, in which she was a beneficiary. The decedent had contacted her attorney beginning in 2015 regarding changes to her 2013 will, and advised the attorney that she did.. read more →

In December 2019, the U.S. Congress enacted into law the “Setting Every Community Up for Retirement Enhancement Act of 2019,” also known as the SECURE Act, as part of a year-end spending bill. The SECURE Act makes major changes to retirement plan rules, including inherited plans. The effective date for the new law is January.. read more →

Seniors and retirees may be able to use online tax preparation software free of charge. Most low- and middle-income Americans qualify for the free help, but do not take advantage of it. And all seniors are eligible for free counseling assistance from the IRS. The IRS Free File website links to the available free online tax.. read more →

On January 29, 2020, I presented at the 2020 ““Elder Law in a Day” seminar given by the New Jersey Institute for Continuing Legal Education at the New Jersey Law Center in New Brunswick, New Jersey. I presented the case law update, summarizing the most significant legal developments over the past year in the areas.. read more →

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