Category

Powers of Attorney
Men's health awareness illustration featuring father and son.
18
Jun

Celebrate Father’s Day and Men’s Health Month

June 18, 2024
As we celebrate Father’s Day and Men’s Health Month, let us take the time to...
11
Dec

What Are the Duties of an Agent under a Power of Attorney?

December 11, 2016
Powers of Attorney are common but often misunderstood estate documents in New Jersey and other...
08
May

Disability Planning for New Jersey Residents (Video)

May 8, 2016
  Vanarelli & Li, LLC provides Special Needs Trusts and Disability Planning Attorney Services throughout...
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...
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...
03
Sep

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

September 3, 2015
13
Oct

Challenge to Summary Administration Fails; Pre-Death Distributions by Power of Attorney Were “Unconventional” But Not Fraudulent

October 13, 2014
Following the decedent’s death, one of his three children applied for summary administration of the...
22
Jul

Uniform Fiduciary Access to Digital Assets Act Passed by Uniform Law Commission

July 22, 2014
The Uniform Law Commission, a national law group, approved a new law on July 16,...
20
Jul

Competent Party Cannot Appear in Divorce Proceeding Through Power of Attorney

July 20, 2014
New Jersey trial judge ruled that a litigant may not appear at trial in a...
25
Jun

NJ Court Dismisses Lawsuit by Alleged Abuser Against Those Who Reported and Investigated Claims of Elder Abuse and Neglect

June 25, 2014
A New Jersey trial judge dismissed a lawsuit asserted by an alleged abuser against a...
06
Jan

Attorney Owed Duty To Client To Follow Up With Agents To Obtain And Review Inventory And Accountings Required In Power Of Attorney

January 6, 2013
An attorney who drafted a power of attorney for a client that included a requirement...
28
Nov

Top 11 Steps In Creating Your Elder Life Plan

November 28, 2012
As we age, the decrease in independence and concurrent increasing need for care which often...
02
Jun

A “Responsible Party” Under A Nursing Home Admission Agreement May Be Sued For Monies Owed To The Facility

June 2, 2012
An appeals court in New Jersey held that a nursing home resident’s adult child who...
02
Aug

Disqualifying Opposing Counsel In A Lawsuit Involving Abuse Of A Power of Attorney

August 2, 2011
I am presently involved in a lawsuit in which my clients, three adult children of...
05
Jun

Court-Approved Compensation Paid To Medicaid Applicant’s Children For Services Under Power Of Attorney Does Not Prevent Medicaid Penalty

June 5, 2011
A New Jersey appeals court upheld the imposition of a penalty period on a nursing...
30
May

Credibility Determinations By A Trial Court In Cases Involving Claims of Abuse Of A Power Of Attorney Are Binding On Appeal

May 30, 2011
Matter of Mildred B. Trocolor involved a dispute between two of the decedent’s adult children...
17
Aug

My Latest Article Published In the New Jersey Foundation For Aging – Renaissance Magazine

August 17, 2010
The New Jersey Foundation for Aging was founded in 1998 to improve the quality of...
14
Aug

Court Finds Joint Account Does Not Pass To Surviving Owner, But Passes Under Decedent’s Will

August 14, 2010
Most of the cases discussed on this blog (and, I suspect, on most blogs which...
20
Apr

ALJ Finds, Contrary To Court Order, That Payment To Adult Children For Services Provided To Medicaid Applicant Under Power Of Attorney Was A Gift

April 20, 2010
A New Jersey administrative law judge (ALJ) recently held, contrary to a court order awarding...
06
Mar

Is The Agent Under A Power Of Attorney Who Misappropriates Money "Authorized" To Transfer The Principal’s Assets?

March 6, 2010
State v. Kennedy, 61 N.J. 509 (1972) explored the issue of “legally authorized” transfers made...
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