Category

Elder Law
08
Jun

The Role of the Guardian ad litem in Probate Litigation

June 8, 2014
In general, an incapacitated person is to be represented in any litigation by a guardian,...
03
Jun

NJ Federal Court Awards Medicaid, Excluding Entire VA Pension Benefit from Countable Income

June 3, 2014
Hon. Robert B. Kugler, United States District Judge for the District of New Jersey, reversed...
01
Jun

New Jersey Federal Court Grants Request for Waiver of Social Security Overpayment

June 1, 2014
In the April 28, 2014 Karlson v. Colvin decision, New Jersey’s Federal District Court reversed...
22
May

Federal Court Rules No Private Right to Sue under Nursing Home Reform Act

May 22, 2014
A United States District Court recently ruled that a nursing home resident does not have...
19
May

Determining Capacity in Seniors and the Disabled through “Observational” Assessment

May 19, 2014
Decision-making capacity involves four (4) key abilities: the ability to understand information relevant to a...
14
May

Using Flawed Reasoning, NJ Medicaid Denies Benefits To A Wartime Veteran’s Widow By Incorrectly Counting VA Pension As Income

May 14, 2014
Although the petitioner in this case, A.G., succeeded in obtaining Medicaid benefits after filing a...
04
May

12 Things You May Not Know About The Affordable Care Act

May 4, 2014
The Affordable Care Act (ACA) is an historic effort by the government to extend medical...
01
May

Payments Made By Medicaid Applicant To Family Member Under Care Agreement Were Uncompensated Transfers, Subject to Penalty Period

May 1, 2014
A New Jersey appeals court held that payments made by a Medicaid applicant to her...
20
Mar

Video of Presentation for Monmouth County Bar Family Law Committee on “Pensions and Special Needs Trusts”

March 20, 2014
  Summary of Presentation: Pensions and Special Needs Trusts Special Needs Trusts (SNTs): Special needs...
02
Mar

Making Appropriate Disbursements From First Party Special Needs Trusts

March 2, 2014
A Special Needs Trust, sometimes called a Supplemental Needs Trust (SNT), is a trust designed...
23
Feb

Update On Federal Class Action Lawsuit To Prevent NJ From Counting VA Pension In Determining Medicaid Eligibility

February 23, 2014
I. The Facts. Plaintiff, Alma Galletta, who suffers from a variety of medical impairments, is...
17
Feb

Video of NJ Supreme Court Oral Argument to Give Public Employee the Right to Direct Pension Death Benefit to Special Needs Trust for Disabled Child

February 17, 2014
Video of Oral Argument before the New Jersey Supreme Court in Thomas Saccone v. Board...
11
Feb

The Top 10 Elder Law Court Rulings of 2013

February 11, 2014
The annual roundup of the top 10 11 elder law decisions from across the country...
09
Feb

NJ Resident Found Eligible For Medicaid Despite Making A Gift And Owning An $80,000 Annuity

February 9, 2014
For the first time, the Division of Medical Assistance and Health Services (DMAHS), New Jersey’s ...
07
Feb

Photos From Our Supreme Court Oral Argument

February 7, 2014
On Thursday, February 4, 2014, I, along with amicus counsel, argued before the New Jersey...
06
Feb

Agenda Posted Outside of the New Jersey Supreme Court on Thursday, February 4, 2014

February 6, 2014
This is the agenda posted outside the New Jersey Supreme Court on Thursday, February 4,...
05
Feb

New Jersey Law Journal Reports on Oral Argument in Supreme Court Special Needs Trust Case: Court Weighs Designating Trusts as Beneficiaries in State Pension Plans

February 5, 2014
(A news report published in the New Jersey Law Journal on yesterday’s oral argument in...
04
Feb

Opening Statement Made Before New Jersey Supreme Court In Special Needs Trust Case

February 4, 2014
On February 4, 2014, Donald Vanarelli, Esq. argued before the New Jersey Supreme Court on behalf...
27
Jan

Medicaid Agency Not Bound By Court Order Of Support For Community Spouse Entered Without Notice To Agency

January 27, 2014
In this case, the Superior Court of New Jersey, Appellate Division, held that the state...
26
Jan

New Jersey Supreme Court Tentative Argument Schedule for February 4, 2014

January 26, 2014
(From the website of the New Jersey Judiciary)  The following is the Supreme Court’s schedule...
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