Elder Law – Page 4 – Vanarell & Li, LLC, Westfield, NJ Elder Law Attorneys

Mar

Appellate Division Rules Counsel Fee Award is Discretionary, and May Be Reversed on Appeal “Only on the Rarest of Occasions”

March 30, 2016

In an appeal from a trial court’s decision to reduce the counsel fees sought by...

Mar

Assisted Living Residents Who Received Charitable “Fellowship Credits” Are Ineligible for Medicaid

March 28, 2016

A New Jersey appeals court held that a needs-based credit applied to the accounts of...

Mar

Court Orders Plaintiff to Pay All Fees in Withdrawn Contested Guardianship Case

March 21, 2016

A trial court ruled that the plaintiff, who brought but ultimately withdrew the complaint in...

Mar

To Be Legally Enforceable, An Alleged Gift Must Be Delivered To The Recipient

March 16, 2016

New Jersey appeals court ruled a surviving spouse failed to prove that her deceased spouse...

Mar

NJ Attorney Suspended for Arranging Improper Loan from Elderly Widow

March 14, 2016

In order to protect the public and and guard against elder abuse by lawyers, the...

Mar

Adult Child Uses Senior Divorce to Contest Estranged Parent’s Last Will and Testament

March 1, 2016

Plaintiff, Emmaline O’Hara, and defendant, John B. O’Hara, Jr., were married in 1955. They had...

Feb

Gifts that Strip the Donor of Virtually All His Assets, and Gifts to a Donee on Whom the Donor Depends Indicate Undue Influence

February 17, 2016

In this case, the New Jersey Supreme Court held that gifts giving rise to a...

Feb

Where to Find the Final Decisions issued by all New Jersey administrative agencies

February 15, 2016

Readers of this blog know that applicants for public benefits often appeal the decisions made...

Feb

The Top 10 National Elder Law Decisions of 2015

February 9, 2016

Below, in chronological order, is the annual roundup of the top 10 national elder law...

Feb

No Trust Reformation Absent Ambiguity in Language of the Trust

February 5, 2016

In this will contest involving the doctrine of probable intent, Hon. Robert P. Contillo, P.J.Ch....

Jan

Medicaid Denial Reversed; Agency Failed to Accommodate Disabled Applicant or Assist in Obtaining Information and Documents

January 25, 2016

After he was admitted to a nursing home in 2013, petitioner, R.P., accrued unpaid bills...

Jan

Medicaid’s Decision to Deny Disabled Woman’s Application for a Power Wheelchair is Vacated on Appeal

January 18, 2016

M.S. is a 73-year old residing in at a long-term care facility. She is a...

Jan

Daughter/Executrix Who Disputed Terms of Mother’s Will is Denied Commissions

January 11, 2016

Linda Hall was the executrix of her mother’s estate. Hall had initially had a 2005...

Jan

Roundup of Key Elder Law Numbers for 2016

January 5, 2016

Below are figures for 2016 that are frequently used in the elder law practice or...

Dec

Lawyer Must Pay Legal Fees in Undue Influence Case

December 23, 2015

A lawyer who was found to have exerted undue influence over his mother must reimburse...

Dec

SSA Publishes Regulations for ABLE Accounts Owned by SSI Recipients

December 22, 2015

[gview file=”http://vanarellilaw.com/wp-content/uploads/2015/12/POMS-SI-01130.740-Achieving-a-Better-Life-Experience-ABLE-Accounts.pdf”] As explained in previous blog posts here, here and here, an Achieving a...

Dec

Bank Not Liable For Improper Withdrawals from Nursing Home Resident’s Account Made By Resident’s Agent Under Power of Attorney

December 21, 2015

In 2003, Michael Yahatz opened a bank account. The following year, the bank was acquired...

Dec

Appellate Division Rejects Surviving Spouse’s Claim To Life Insurance Proceeds

December 7, 2015

In this case, a surviving spouse’s claim to her deceased spouse’s life insurance proceeds was...

Nov

Attorney Who Provided Flawed Medicaid Planning Advice by Counseling Against Life Estate Liable For Legal Malpractice

November 24, 2015

Marie Brissette and her husband consulted attorney Edward Ryan for advice about how to protect...

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