Upcoming Webinar: Planning for Your Child With Special Needs
RE-SCHEDULED – NEW DATE TO BE ANNOUNCED Upcoming FREE Webinar: REGISTER TODAY Date: Wednesday, March 22, 2023 at 4:00 PM EST (approximately 2 hours, depending on Q & A) Learn to Utilize Special Needs Trusts and ABLE Accounts to Access Medicaid, SSI, DDD Services and Other Public Benefits to Plan for the Future of Your.. read more →
Upcoming FREE Webinar: REGISTER TODAY Date: Wednesday, February 22, 2023 at 4:00 PM EST (approximately 2 hours, depending on Q & A) Learn to Utilize Medicaid, Medicare, Social Security, Veterans Benefits, and Long-Term Care Insurance to Protect Your Family from Catastrophic Long-Term Care Expenses and Nursing Home Costs. Attorneys Donald D. Vanarelli, Esq. Chen Li,.. 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 →
For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →
When former teen idol Aaron Carter died last month at the young age of 34, it came as shock to the entertainment world. Some say his death is a reminder of the importance of mental health. His death can also be a reminder to us all about the consequences of not having a Last Will.. read more →
Since March of 2020, NJ Medicaid has followed special rules related to the federal COVID-19 Public Health Emergency (PHE). These rules have allowed most NJ Medicaid recipients to keep their health coverage, even if they no longer qualified – for example, if their income was too high. However, once the federal government determines that the.. read more →
For additional information concerning elder abuse actions, visit: Will Contests and Probate Litigation read more →
In 2009, Petitioner executed a power of attorney (POA) in favor of her daughter, Vera. Ten years later, petitioner became a nursing home resident because she suffered from dementia and was no longer capable of managing her affairs. In January 2019, a social worker at the facility filed an initial Medicaid application on petitioner’s behalf… read more →
Elder and Disability Law News for October 2022 from Vanarelli & Li, LLC
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →
This matter arose from the imposition of a transfer penalty on Petitioner’s receipt of Medicaid benefits. Beginning in 2018, Petitioner resided with her son, R. R., and R. R. ‘s wife. Petitioner previously resided in her own home. On November 1, 2018, Petitioner and R. R. executed a “Room Rental Agreement, ” wherein Petitioner agreed to.. read more →
In this case, C.L., a resident of a nursing home, applied for Medicaid benefits. The state’s Medicaid agency, the Division of Medical Assistance and Health Services (DMAHS), denied her application. DMAHS determined an annuity C.L. purchased, which she understood to be irrevocable, was instead found to be revocable by the agency and counted as a.. read more →
10 Costly Mistakes to Avoid When Planning for a Loved One with Special Needs 1. Doing nothing. The most popular estate plan in the Unites States is doing nothing. While not a good idea for anyone, it is particularly troubling when there is a loved one with special needs. If someone does nothing and then.. read more →
A.V. suffered from Alzheimer’s disease and dementia. In January 2021, A.V. moved into a skilled nursing facility. That April, she filed her first application for Medicaid benefits, seeking a community spouse resource allowance for her husband, J.V. In June 2021, the Cumberland County Board of Social Services (CCBSS) denied the claim, advising A.V. and J.V… read more →
Chen Li, Esq. (http://VanarelliLaw.com/) will present on Trusts and Trust Taxation Issues impacting the New Jersey Probate and Trust Administration Process in an online seminar given by the National Business Institute (NBI) on December 15, 2022. Ms. Li will discuss aspects of the probate process and trust administration in New Jersey. Specifically, Ms. Li will.. read more →
In this case, an administrative law judge held that a Medicaid applicant’s transfer of her home to her adult child who lived with and cared for her for many years was entitled to Medicaid benefits under the “caretaker child” exemption to the transfer of assets rules even though the child worked part-time outside the home… read more →
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →
In a decision that has been approved for publication, the New Jersey Superior Court, Appellate Division, affirmed the dismissal of a lawsuit challenging New Jersey’s Medical Aid in Dying for the Terminally Ill Act (the “Act”). The lawsuit, which was brought by a terminally ill resident, a physician, and a pharmacist, attempted to enjoin and.. read more →
For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →
Elder and Disability Law News for August 2022 from Vanarelli & Li, LLC
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 →
If a person declared to be incapacitated wishes to execute a Last Will and Testament, there a judgment must first be entered by a court declaring that the proposed testator has regained capacity to do so. See N.J.S.A. 3B:12-27; In re Estate of Frisch, 250 N.J. Super. 438 (Law Div. Probate Part 1991); In re.. read more →
Chen Li, Esq. (http://VanarelliLaw.com/) will present on the “New Jersey Probate Process and Executor Duties: Master Checklist with Deadlines” given by the National Business Institute on August 17, 2022 via online seminar. Ms. Li will discuss the probate process in New Jersey including an overview of the duties required of an estate executor. She will.. read more →
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 →
Court Dismisses Daughter’s Lawsuit Against Mother’s Estate Lawyer
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 →
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