Category

Elder Law
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...
14
Jan

New Tax Basis Rules In Estate And Elder Law Planning

January 14, 2010
The tax law changes that became effective on January 1, 2010 and affect estate and...
29
Dec

The Top 10 (NOT; Actually, The Top 15) New Jersey Elder And Disability Law Cases in 2009

December 29, 2009
2009 was an exciting year of litigation in the elder and disability law arena, producing...
04
Dec

"Professor" Donald D. Vanarelli on Veterans Benefits and Social Security Benefits

December 4, 2009
On December 2, 2009, I spoke at the “Elder Law College” sponsored by New Jersey...
30
Oct

New York State Court Rejects Personal Care Contracts In Nursing Home Setting

October 30, 2009
In a matter involving personal service agreements, five petitioners brought a court action challenging determinations...
28
Oct

New Jersey Administrative Judge Finds That A Retirement Annuity Owned By A Medicaid Applicant’s Spouse Is Not Countable

October 28, 2009
An Opinion and Order was entered on October 20, 2009 by Administrative Law Judge Joseph...
27
Oct

Federal Court Rules That Promissory Notes May Be Countable Resources

October 27, 2009
Sable v. Velez, Civ. No. 09-2813 (D.N.J., October 16, 2009), involved five applicants for nursing home...
26
Oct

Federal Judge Enjoins New Jersey From Denying Medicaid Eligibility To Aged Parents Who Transferred Assets Outright To Their Blind Or Disabled Children

October 26, 2009
In order to qualify for Medicaid benefits, applicants cannot possess assets which exceed the financial...
20
Oct

Appellate Court Reverses The Imposition Of A Period Of Medicaid Ineligibility Resulting From The Transfer Of Family Home To A Sibling

October 20, 2009
In A.P. v. Division of Medical Assistance and Health Services, the Appellate Division of the...
17
Oct

Federal Judge In New Jersey Appears Poised To Enjoin The State From Denying Medicaid Eligibility To An Applicant With An Annuity

October 17, 2009
In June 2009, plaintiff, Daisy Jeanne Prall, applied for nursing home Medicaid benefits with the...
14
Oct

Surviving Spouse Had The Absolute Right To Choose Burial Site For Deceased Spouse, But Not The Absolute Right To Disinter And Move Spouse

October 14, 2009
In a case which resolved a conflict between two sections of the New Jersey Cemetery...
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