To improve advance health care planning, the American Bar Association’s Commission on Law and Aging developed advance care planning principles for attorneys as set forth in the publication found below, entitled “Advance Directives: Counseling Guide for Lawyers.” The advance care planning principles in the guide provide a conceptual framework and guidelines for lawyers and health.. read more →
B.S. was ninety-two years old and residing in a nursing home when she applied to the Monmouth County Division of Social Services, the County Welfare Board (CWB), for Medicaid benefits. In response to the application, the CWB inquired about two 2010 bank withdrawals from petitioner’s accounts, one for $29,955.79 and the other for $37,085.47. Petitioner.. read more →
The Appellate Division of the Superior Court of New Jersey dismissed this appeal, refusing to remand the case for administrative hearings that were never held because the applicant failed to preserve her right to those hearings. B.M. v. Division of Medical Assistance and Health Services, Docket No. A-3546-16T3 (App. Div., August 29, 2018) Esther Schulgasser.. read more →
Love And Care Provided By Nephew Did Not Justify His Failure To Notify Any Beneficiaries Of The Existence Of Aunt’s Will
In 1998, Joan McFadden executed two powers of attorney (POAs) and a Living Will-Durable Health Care Power appointing John McFadden, her nephew, as her agent and attorney in fact, and Mary Sexton, her niece and John’s sister, as her alternative agent and attorney-in-fact. The two POAs stated that they would become effective upon the following.. read more →
A New Jersey appeals court ruled that a Medicaid applicant who began paying her daughter after the daughter provided two years of free caregiving did not rebut the presumption that a transfer of assets to a relative who previously provided services for free is an uncompensated transfer of assets for Medicaid purposes. E.B. v. Division of.. read more →
Donald D. Vanarelli, Esq. (https://vanarellilaw.com/) participated in the New Jersey Institute for Continuing Legal Education’s “2018 Elder Law in a Day” Seminar held on July 11, 2018 at the New Jersey Law Center in New Brunswick, NJ. Mr. Vanarelli provided the “Case Law Update: The Year In Review” – a review of the cases decided.. read more →
The decedent had five children, and his will divided his residuary estate among them. He left 25% of the residuary estate to his daughter Eileen. He also directed that Eileen’s bequest was to include the family home, which was to be a credit toward her bequest; in the event that the “total net estate” was.. read more →
During his relationship with life partner Marc Coleman, the decedent executed a Last Will and Testament naming Coleman as the executor and primary beneficiary of his estate. The couple later ended their relationship. Thereafter, the decedent entered into a new relationship with Kirston Baylock. The decedent later died unexpectedly. At issue was a hand-written codicil.. read more →
From June 21, 2018 edition of The Wichita Eagle: A Kansas man was found guilty of a felony after using his mom’s money for personal purchases instead of her nursing home care, officials said. Bruce J. Colle, 61, of Hutchinson, was found guilty Wednesday of one felony county of mistreatment of an elder person, Kansas.. read more →
Public Law 113–295, also known as The Stephen Beck, Jr. Achieving a Better Life Experience Act (ABLE Act), was enacted December 19, 2014. The ABLE Act provides individuals with special needs and disabilities to save money for disability related expenses in tax-free savings accounts while preserving their needs-based government benefits. Modeled on 529 college savings plans, ABLE.. read more →
(“The ElderLaw Report: Including Special Needs Planning” is the premier newsletter covering elder law and special needs planning issues. This monthly newsletter keeps legal professionals current with critical developments in elder law and special needs planning, and supplies real-world solutions to the unique legal problems facing senior and disabled clients. The most recent article I prepared for The.. read more →
Many taxpayers recently filed their taxes and may be waiting for a response from the IRS. Because of this summertime tends to be a period when thieves increase their scam attempts. They try to get people to disclose personal information like Social Security numbers, account information and passwords. To avoid becoming a victim, taxpayers should.. read more →
While many people take summer vacations, data thieves do not. Phishing emails and telephone scams continue to pop up around the country. The IRS reminds everyone to be vigilant to avoid becoming a victim. Here are some things for taxpayers to remember so they can keep their personal data safe: The IRS does not leave.. read more →
My law office presents this Peace of Mind Checklist as a tool readers can use to organize their thoughts about and plans for the future, and to identify the vital estate documents readers need to reach their goals. The law office staff encourages you to share this checklist with others and discuss it with your close.. read more →
Elder Law, Estate/Trust Planning and Special Needs Law Firm REVEALED In New YouTube Video … All In 34 Seconds
New YouTube Video about the Law Office of Vanarelli & Li, LLC Vanarelli & Li, LLC is committed to protecting the legal rights and financial resources of seniors, the disabled and their families, and families in conflict. We provide legal services in the areas of elder law, estate planning, trust administration, special education, trial.. read more →
The decedent was survived by her incapacitated son, for whom the decedent had previously been appointed guardian. Following the decedent’s death, there was protracted litigation regarding the estate, a related trust, and the guardianship, which spanned four years. At the conclusion of the litigation, the attorneys involved submitted fee applications, seeking to be awarded payment.. read more →
A.S.’s nephew and power of attorney designated Senior Planning Services (“SPS”) as A.S.’s authorized representative for establishing Medicaid eligibility. In SPS filed a Medicaid application, which was denied for excess resources on December 10, 2012. After SPS filed a request for a fair hearing but before the fair hearing was scheduled, A.S. died, and SPS.. read more →
A New York end-of-life agency, named End Of Life Choices New York, has approved a new form of advance directive document that allows people to stipulate, in advance, that they don’t want food or water if they develop severe dementia. The new advance directive is called the “Advance Directive for Receiving Oral Food and Fluids in.. read more →
A New Jersey appellate court ruled that a court can alter the plain and unambiguous language of a trust when extrinsic evidence suggests that the trust language is not what the settlor intended. In the Matter of the Trust of Violet Nelson, Deceased, Docket No. A-4004-15T1 (App. Div. March 28, 2018). Violet and Joseph Nelson had.. read more →
A judge in Los Angeles ruled that a spouse in California is the presumptive healthcare decision-maker when there is no advance directive and the partner is in a persistent vegetative state. In re the Matter of Juan Fernando Romero, Patient, Case No. 16STPB06815 (Superior Ct., March 2, 2018). The case involved Juan Fernando Romero, who suffered.. read more →
The defendant, who was the agent under his aunt’s power of attorney and executor of her estate, was sued by beneficiaries of the decedent’s estate for breach of fiduciary duty as her agent and executor. The power of attorney and will were executed in 1998. The plaintiffs alleged that, beginning in 2001, the defendant wrongfully.. read more →
Upcoming Presentation on Special Needs Planning and Special Needs Trusts for Community Access Unlimited
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will provide an overview of the use of Special Needs Trusts (SNTs) by disabled persons so as to prevent an applicant’s financial assets and income from impacting eligibility for needs-based public benefits such as Supplemental Security Income (SSI), Medicaid, services from the Division of Developmental Disabilities (DDD), Section 8 Housing and.. read more →
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will facilitate a discussion at the upcoming “Unprogram” presented by the New Jersey Chapter of the National Academy of Elder Law Attorneys on April 25, 2018 at the Wyndham Hotel in the Philadelphia Historic District, 400 Arch St., Philadelphia, PA. The UnProgram is a forum in which elder law practitioners.. read more →
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 20th Annual Elder and Disability Law 2-Day Retreat to be held on April 26-27, 2018 at the Wyndham Hotel in the Philadelphia Historic District, 400 Arch St., Philadelphia, PA by the New Jersey State Bar Association Elder & Disability Law Section and the New Jersey Institute for.. read more →
Following Joan McBride’s death, her sons from her first marriage asserted claims against her second husband Charlie, who had served as Joan’s power of attorney and executor of her will. Joan and Charlie married in 1997 and remained married until Joan’s death in 2016. The sons claimed Charlie unduly influenced Joan in connection with certain.. read more →
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