Although it is common practice to add the name of a family member to a bank account as a convenience, the existence of a “convenience” account can have negative results when that family member applies for Medicaid benefits. In F.J. v. Division of Medical Assistance and Health Services, the applicant’s daughter testified that she opened.. read more →

A New Jersey appeals court upheld the denial of Medicaid benefits to an applicant who failed to provide necessary verifications, rejecting the claim that the Medicaid agency’s failure to assist with the application prejudiced the applicant. P.B. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-5405-15T2, Dec. 8, 2017). P.B.’s daughter.. read more →

Before Mr. Trotman was admitted to a nursing home, he resided in a home that he owned. He had difficulty maintaining the home and paying the bills, so his daughter began paying his bills in 2007. In December 2011, Mr. Trotman asked his daughter to assume full responsibility for the property, which then was also.. read more →

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

Happy Holidays to clients, supporters, friends and readers. Listed below are the ten (10) eleven (11) posts on the Vanarelli Law Office blog with the highest readership in 2017. 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.. read more →

Louis Acerra, the decedent, died at the age of 30 from injuries he suffered in a house fire. He survived more than two years after the fire before finally succumbing to those injuries. During those two years, he was cared for by Richard Litwin. Litwin had been in a relationship with the decedent’s mother when.. read more →

Ohio’s highest court suspended an attorney who advised his client to transfer assets in order to qualify for Medicaid and then lied to the state Medicaid agency about whether the client transferred assets. Stark County Bar Association v. Buttacavoli (Ohio, No. 2017-Ohio-8857, Dec. 7, 2017). Attorney Glen Buttacavoli’s law practice consisted of providing financial-planning advice.. read more →

This appeal concerned the trial court’s ruling that a 2013 deed was valid. The appellants, who were appointed co-executors of the decedent’s will, claimed that the deed was the product of undue influence. The decedent had owned a condominium and, in 2012, she executed a deed conveying that interest to herself and her niece, as.. read more →

Payments for Pre-eligibility Medical Expenses (PEME) are available to individuals eligible for Medicaid who reside in a nursing home (NH) or an assisted living facility (ALF). This blog post attempts to clarify the procedure for processing requests for payments of PEME made by or on behalf of residents of NHs and ALFs. Residents of NHs.. read more →

Plaintiff, a son of the decedent, filed a complaint in the Superior Court, Chancery Division, challenging the validity of the decedent’s will. A hearing in the matter was scheduled for June 2015, but plaintiff was unable to obtain a visa to come to the United States for the hearing. The hearing was postponed four times… read more →

Many public benefit programs are adjusted annually after receiving a cost-of-living, or COLA, increase. Following are the increased benefit amounts of selected public benefit programs Including the 2018 COLA adjustment. Social Security There will be a 2.0% COLA increase for Social Security benefits. Maximum Social Security benefit for a single individual retiring at full retirement.. read more →

The Centers for Medicare and Medicaid Services (CMS) has released its Spousal Impoverishment Standards for 2018. The official spousal impoverishment allowances for 2018 are as follows: Community Spouse Resource Allowance The “community spouse resource allowance” is a protection provided under Medicaid law for the healthy spouse of an applicant for benefits (called the “community spouse”) to.. read more →

After being sued by Medicaid applicant in federal court, the Director of New Jersey Medicaid, who had previously denied benefits because the applicant transferred assets to a trust more than 5 years before, instead stated the application was denied because, under the terms of the trust, the trustee was permitted to pay the applicant’s rent… read more →

E.H. submitted a Medicaid application to the Hudson County Division of Welfare (HCDW) and designated Future Care Consultants (FCC) as her designated authorized representative (DAR). Shortly thereafter, the HCDW denied the application because E.H. failed to provide her husband’s bank records for the five-year look-back period. FCC appealed the denial, submitting a request for a.. read more →

Contrary to the recent decision in the G.V. v. Division of Medical Assistance and Health Services case which held that assets transferred to an Income Only Trust more than 5 years before a Medicaid application was filed were still available, rendering  the applicant ineligible for benefits, the M.K. v. Morris County Board of Social Services.. read more →

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2017 Elder Law College given by the New Jersey Institute for Continuing Legal Education on December 14, 2017 at the Crowne Plaza, located at 690 Route 46 East, Fairfield, New Jersey. Mr. Vanarelli will provide an overview of the new laws governing guardianships in New Jersey.. read more →

The 19th Annual Elder and Disability Law Symposium was held on November 9, 2017 at the New Jersey Law Center in New Brunswick, NJ. As in past years, I presented the case law update at the opening plenary session. This year I summarized 40 elder and disability law cases decided from September 2016 through August.. read more →

A Superior Court judge in Ocean County dismissed a lawsuit filed by a nursing home for unpaid bills against a power of attorney appointed by a former resident, and ordered the nursing home to pay legal fees incurred by the power of attorney, ruling that the law prohibited the nursing home from requiring the power.. read more →

The plaintiffs in this case were sisters Ashley Nelson-Guedez and Lyndsay Nelson-Nugent, whose father died in 2007. The plaintiffs’ father, Paul Nelson, predeceased their grandfather. Upon their grandfather’s death, his estate was probated in New Jersey, and Paul’s current wife (Jacqueline Limoli) received Paul’s share of Paul’s father’s estate. Plaintiffs alleged that Jacqueline agreed to.. read more →

The House Republicans tax proposal introduced today ends the Medical Expense Deduction. This change will cause major harm to individuals and families trying to pay for the catastrophic costs of long-term services and supports (LTSS). About half (52%) of Americans turning 65 today will develop a condition that requires LTSS. Individuals needing LTSS are those.. read more →

After being denied Medicaid because of a $70,000 joint bank account she maintained with her son, the Medicaid applicant, S.M., appealed the case to An administrative hearing. S.M. argued that Medicaid had failed to consider that her son was the sole source of $60,000 of those bank funds. After the ALJ affirmed Medicaid’s denial, and.. read more →

The Genworth Cost of Care Survey has been the foundation for long term care planning since 2004. Knowing the costs of different types of care – whether the care is provided at home or in a facility – can help you plan for these expenses. According to Genworth, the 2017 survey is one of the.. read more →

Following the death of James E. Mellodge, his youngest child, Joyce Sealtiel, was appointed as his executrix. In the first probate action, the decedent’s oldest daughter, Joan Bozan, sued Joyce, claiming that Joyce unduly influenced their father to name Joyce as the beneficiary of certain POD accounts. A two-day trial was held and the complaint.. read more →

The decedent, Dr. Evan Merritt London, was single with no children. He executed a number of wills and trusts over the years, with the trusts as the primary vehicle for disposing of his estate. He would make periodic trust revisions in which his beneficiaries (including his niece and nephew, his best friend, and various charities).. read more →

2017 Elder and Disability Law Symposium ‘Elder and Disability Law Update’ to be presented by leading NJ Elder Law and Estate Planning Attorney, Donald D. Vanarelli, Esq. Westfield, NJ – October 15, 2015 — Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will participate in the New Jersey Institute for Continuing Legal Education’s 20th Annual Elder and Disability.. read more →