Category

Elder Law
12
Sep

In A Medicaid Case, An ALJ's Findings Of Fact Based Upon The Credibility Of Witnesses Cannot Be Rejected Without Proper Cause

September 12, 2011
For most of her life, V.P. resided in her home with her adult son, R.P....
07
Sep

Medicaid Applicant Who Transferred Money To Daughter Months Before Receiving Life Estate In Daughter’s Home Made A Gift And Is Ineligible for Medicaid

September 7, 2011
A New Jersey appeals court held that a Medicaid applicant who transferred money to her...
10
Aug

The Legitimate Use of Personal Services Contracts in Long-Term Care Planning

August 10, 2011
Very often, family members provide assistance in caring for an aged or disabled loved one. ...
03
Aug

The Creation Of A Health Care Proxy Under New York Law Does Not Trigger An Agent’s Authority To Make Health Care Decisions

August 3, 2011
Rita Stein, on behalf of herself and as executrix of the estate of her deceased...
30
May

Credibility Determinations By A Trial Court In Cases Involving Claims of Abuse Of A Power Of Attorney Are Binding On Appeal

May 30, 2011
Matter of Mildred B. Trocolor involved a dispute between two of the decedent’s adult children...
26
Dec

Top Ten (10) New Jersey Cases Involving Special Needs Trusts / Disability Planning Decided In 2010 (And A Few Cases Decided In 2009)

December 26, 2010
    Here are my selections for the top ten (10) New Jersey cases involving...
17
Dec

Special Needs Trusts: Background

December 17, 2010
A self-settled special needs trust is exempt from being counted as a “resource,” for purposes...
14
Dec

Top 12 New Jersey Elder Law Cases Decided In 2010

December 14, 2010
Here are my selections for the top ten (10) twelve (12) New Jersey elder law...
18
Nov

The Frustrating Tale Of A Retired Firefighter Repeatedly Denied The Right To Plan His Estate To Benefit His Severely Disabled Child

November 18, 2010
Thomas Saccone is a retired Newark, NJ firefighter. He and his wife’s only son, Anthony,...
04
Oct

Opening Remarks – Case Law Update At The 13th Annual Elder and Disability Law Symposium

October 4, 2010
(The 13th Annual Elder and Disability Law Symposium was held on September 29, 2010 at...
15
Sep

Family Ties Do Not Create A “Confidential Relationship” Sufficient To Invalidate A Will Based On Undue Influence

September 15, 2010
The concept of what constitutes a “confidential relationship” (one of the elements creating a presumption...
11
Sep

The “Mere Possibility” Of An Attorney Conflict Of Interest May Be Sufficient To Establish An Ethical Breach

September 11, 2010
New Jersey estate planning attorneys were again reminded of the conflict of interest minefield they...
02
Sep

My Latest Article, Entitled “Client Capacity – Assessment and Advocacy,” Published In The New Jersey Lawyer Magazine

September 2, 2010
Lawyers who regularly deal with elderly and disabled clients like I do often confront the...
12
Apr

Assets Belonging To Incompetent Medicaid Recipient Discovered By Children Who Had Power Of Attorney Held Countable

April 12, 2010
A North Carolina appeals court recently held that assets owned by an incompetent Medicaid recipient...
11
Apr

Federal District Court Permanently Enjoins NJ From Imposing “Never Ending” Penalty For Gifts Made By Applicants For Services Under Medicaid Waiver Programs

April 11, 2010
Soon after the passage of the Deficit Reduction Act of 2005 (DRA), New Jersey’s Division...
25
Mar

Son Not Liable For Unpaid Nursing Home Bill Even Though Transfer Of Father’s Home To Son Caused Father To Be Ineligible For Medicaid

March 25, 2010
Heriberto Pumarejo transferred the ownership of his home to his son, Herbert Pumarejo, Jr., for...
19
Feb

Don Vanarelli’s Unofficial List of the TOP TEN REASONS TO ATTEND THIS YEAR’S ELDER LAW RETREAT

February 19, 2010
Don Vanarelli’s Unofficial List of the TOP TEN REASONS TO ATTEND THIS YEAR’S ELDER LAW...
12
Feb

New Jersey State Bar Association's 2010 Elder Law Retreat

February 12, 2010
Each year, the Elder and Disability Law Section of the New Jersey State Bar Association...
10
Feb

Plaintiff Stated A Claim Under The ADA When NJ Refused To Raise The Income Cap Which Excluded Him From A Community Medicaid Program

February 10, 2010
In Duffy v. Velez, Civ. No. 09 – 5539 (D.N.J. 2010), plaintiff was a disabled...
09
Feb

Special Needs Trust Can Be Established Only When The Social Security Administration Determines That The Beneficiary Is Disabled

February 9, 2010
In J.C. v. Division of Medical Assistance and Health Services and the Ocean County Board...
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