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 on legal and.. read more →
We are pleased to announce that Donald D. Vanarelli has been recognized as a 2021 New Jersey Super Lawyer in Elder Law. This is the 15th consecutive year in which Mr. Vanarelli has been named to New Jersey’s Super Lawyers list. The selection to Super Lawyers is the result of independent research, peer nominations and peer evaluations. Selections are.. read more →
In this case, a New Jersey appeals court 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 full-time outside the.. read more →
For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →
This week, the Centers for Medicare & Medicaid Services (CMS) published revised guidelines for nursing home visits during the pandemic. The new recommendations are the first revision to the federal government’s nursing home guidance since September 2020. They are effective immediately. The new recommendations allow indoor and outdoor visits for all residents, except in limited.. read more →
Top Ten Most Popular Blog Posts on the VanarelliLaw Blog in 2020
Listed below are the top ten (10) thirteen (13) posts on the Vanarelli Law Office blog with the highest readership in 2020, 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 accessible.. read more →
Under Section 728 of Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (TURCA), federal tax refunds received after December 31, 2009 are not treated as income or resources (for a period of 12 months after receipt) for purposes of determining eligibility for all federal or federally-assisted programs, including Medicaid and the Children’s.. read more →
A webinar on financial protection of older adults during the COVID pandemic was held on February 23, 2021. The webinar provided tips to avoid vaccine-related scams and information on resources available to older adults. A recording of the webinar is now available for on-demand viewing, and can be accessed on this blog below. The webinar.. read more →
A New York appeals court held that transfers made by a Medicaid applicant before she was diagnosed with Parkinson’s disease were not transfers for less than market value subject to penalty because the transfers were made as part of a history of gifting to her children done exclusively for a purpose other than to qualify.. read more →
Elder and Disability Law News for February 2021 from the Law Office of Donald D. Vanarelli
For additional information concerning New Jersey elder law, visit: NJ Elder Law and Estate Planning Services read more →
The New Jersey Caregiver Task Force was created in 2018. The purpose of the Task Force is to determine the availability of caregiver support services in the State, and provide recommendations for the improvement and expansion of such services. Family caregivers play a vital role in the lives of many New Jerseyans including older adults.. read more →
G.S. is a 24 year-old woman diagnosed with bipolar disorder, post-traumatic stress disorder and depression. G.S. took medication for her mental health issues, attended therapy, and lived in a group home for people diagnosed with mental illness. In 2015, G.S. applied for and was granted Medicaid benefits under the Affordable Care Act (ACA). G.S. did.. read more →
If you are injured because of someone else’s negligence, you may have to resort to a personal injury lawsuit in order to obtain payment for the medical care you will need in the future and to compensate you for your pain and suffering. If your injury falls under the workers’ compensation system, or if you.. read more →
Plaintiff, Oliver V. Short III, filed an eight-count, seventy-nine-page complaint and order to show cause seeking to compel the Presiding Judge of the Probate Part, Chancery Division, Union County, to issue a final order in his deceased mother’s probate lawsuit. Plaintiff alleged that the Union County Chancery judge issued a final judgment on December 31,.. read more →
In New Jersey, services for the intellectually and developmentally disabled are provided by the Division of Developmental Disabilities (DDD), a division of the state Department of Human Services. DDD funds services and supports for eligible disabled individuals. These services are offered in the community by more than 200 agencies or by more than 600 individuals.. read more →
Under COVID-19 legislation, a one-time direct payment of $1,200 was paid to individuals earning less than $75,000 per year ($150,000 for couples who file jointly), including beneficiaries of Social Security and Supplemental Security Income (SSI) benefits, Medicaid benefits and other public benefits based upon financial need. Individuals earning up to $99,000 ($198,000 for joint filers).. read more →
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at a ZOOM Webinar on February 10, 2021 at 7:00 PM along with Spectrum Care Management and Counseling, LLC, a support coordination agency. Mr. Vanarelli will speak on planning to attain eligibility for Medicaid benefits from New Jersey’s Division of Medical Assistance and Health Services, and how Medicaid.. read more →
Charles Smith and his wife purchased a house in Philadelphia, Pennsylvania in 1959. While living there, they raised three daughters: Dianne, Dionne, and Deborah. Charles Smith became the sole owner of the property in 2007 when his wife passed away. When Charles died in 2011, he bequeathed the house to his three daughters equally. Deborah,.. read more →
For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →
An Agreement to Assist A Nursing Home Resident In Obtaining Medicaid Benefits May Be Legally Binding
An appeals court held that an agreement to apply for Medicaid benefits for a nursing home resident made by the resident’s guardian or family members may be legally enforceable by the nursing facility in which the resident resides. Pine Brook Care Center v. D’Alessandro, Docket No. A-3197-18T1 (NJ Appellate Division, November 23, 2020) In April.. read more →
In a recent case, the Court of Appeals for the Federal Circuit ruled that service in the state National Guard, including a period of active duty for training, without disability incurred or aggravated in line of duty, did not achieve “veteran” status for purposes of non-service-connected survivors pension and burial benefits. Perry v. Wilkie (Court.. read more →
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →
On December 1, 2020, Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) presented at the 22nd Annual Elder and Disability Law Symposium held via ZOOM Webinar by the New Jersey State Bar Association Elder and Disability Law Section and the New Jersey Institute for Continuing Legal Education. Mr. Vanarelli spoke on planning to attain eligibility for pension benefits.. read more →
According to the National Council on Aging, approximately 1 in 10 Americans aged 60 and older have experienced some form of elder abuse. Some estimates range as high as 5 million elders who are abused each year. One study estimated that many cases go unreported – only 1 in 14 cases of abuse are reported.. 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 →
Donald Vanarelli on Social Media