Category

Elder Law
18
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...
14
Jan

Top 10 Blog Posts on www.VanarelliLaw.com in 2015

January 14, 2016
Happy New Year to clients, supporters, friends and readers. Last month, an article on this...
11
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...
05
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...
23
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...
22
Dec

SSA Publishes Regulations for ABLE Accounts Owned by SSI Recipients

December 22, 2015
As explained in previous blog posts here, here and here, an Achieving a Better Life...
21
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...
07
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...
24
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...
23
Nov

Administrator of Estate Lacked Standing to Appeal Medicaid Denial

November 23, 2015
A court in Connecticut ruled that the administrator of an estate lacked standing to appeal...
18
Nov

Judge Rules NJ’s Prevention of Domestic Violence Act Covers Elder Abuse

November 18, 2015
In a case of first impression, a trial judge in Ocean County ruled that victims...
04
Nov

Medicaid Not Required to Consider Applicant’s Trust Reformed by a Court During the Look-Back Period

November 4, 2015
An appeals court holds that the Massachusetts Medicaid is not required to recognize the reformation...
02
Nov

Appellate Division Rejects Estate’s Challenge to DMAHS and DDD Claims for Reimbursement of Benefits Paid to Decedent

November 2, 2015
The decedent, Tracy Solivan, had been disabled at birth as a result of medical malpractice...
19
Oct

Appellate Division Affirms Chancery Court Ruling Clarifying Powers and Duties of Agent under Power of Attorney

October 19, 2015
Sylvia Fishbein and her husband created the Fishbein Revocable Trust in 1994. In 2005, following...
16
Oct

Chancery Court Admits Unsigned Last Will and Testament to Probate

October 16, 2015
The decedent, William Anton, was survived by his wife, with whom he was in the...
06
Oct

Action Against Assisted Living Facility For Resident’s Choking Death Survives Summary Judgment In Federal District Court 

October 6, 2015
Nancy Gimenez-Watson was a resident of Brighton Gardens of Edison, an assisted living facility (ALF)...
01
Oct

Top 10 New Jersey Elder Law and Special Needs Trust Cases Decided in 2015

October 1, 2015
The 18th Annual Elder and Disability Law Symposium was held on September 29, 2015 at...
14
Sep

Reduction in PCA Hours Reversed; Assessment Tool Imposed Artificial Cap of 25 Hours of Care

September 14, 2015
The decision by respondent, United Healthcare, a managed care organization, to reduce the Personal Care...
03
Sep

Donald D. Vanarelli (Retired), Esq. will be speaking at the 2015 First Annual End Of Life Conference

September 3, 2015
02
Sep

Medicaid Gift Penalty May Not Be Reduced If Some, Or All, Of The Gifted Assets Are Returned

September 2, 2015
The Superior Court of New Jersey, Appellate Division, affirmed a decision of the Director of...
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