Category

Financial Exploitation of the Elderly
22
May

US Supreme Court Warns Lower Courts: Arbitration Agreements Must Be Evaluated “On Equal Footing” With Other Contracts

May 22, 2017
Kindred v. Clark involves two Kentucky cases, in which family members of deceased Kindred nursing...
15
May

New Video on Elder Financial Abuse from the Departments of Banking and Securities and Aging of the State of Pennsylvania

May 15, 2017
Financial abuse of the elderly has been called the “crime of the 21st century.” The...
10
Oct

Court Directs Son and His Family to Vacate Mother’s Home, Allowing Home to be Sold to Pay for Mother’s Care Needs

October 10, 2016
The plaintiff, Marjorie Fister, is the mother of defendant Kevin Edward Fister. In 2010, the...
18
Jul

Appellate Court Affirms Admission of Will to Probate, Rejecting Lack of Capacity and Undue Influence Claims

July 18, 2016
When Helen Weste died in 2010, she was divorced with no children. In 1994, she...
11
Apr

Court Dismisses Legal Malpractice Suit For Failure To Assert Unjust Enrichment Claim In Earlier Undue Influence Case

April 11, 2016
Vicinio v. Carluccio, Leone, Dimon, Doyle & Sacks, LLC is a legal malpractice action stemming...
04
Apr

Law Designed to Protect Seniors Does Not Impose a Duty on Banks to Report Elder Abuse to Authorities

April 4, 2016
Following bench trial, a trial judge ruled that a state law designed to protect seniors and...
14
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...
12
Feb

New Brochure on Elder Abuse by Caregivers

February 12, 2016
[gview file=”http://www.ncea.aoa.gov/Resources/Publication/docs/Archstone-Caregiver-Brochure-Web.pdf” save=”1″] Caring for an elderly or disabled person frequently involves strenuous physical tasks...
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...
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...
16
Nov

PA Appeals Court Rules that Unlimited Gifting Authority in Power of Attorney Does Not Protect Agent from Criminal Liability for Self-Dealing

November 16, 2014
Contrary to popular opinion, under the law of Pennsylvania, New Jersey and other states, an...
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...
12
Jun

Substantial Attorneys Fee Award Upheld In Will Contest Alleging Undue Influence

June 12, 2014
A New Jersey appeals court upheld a substantial fee award exceeding the amount in controversy...
18
Jun

Ownership Of Joint And Payable-On-Death (“POD”) Accounts, Before And After Death: Who Owns What?

June 18, 2013
THE MULTIPLE-PARTY DEPOSIT ACCOUNT ACT Bank accounts are often established in the name of more...
07
Apr

Overview: Continuing Care Retirement Communities

April 7, 2013
Continuing Care Retirement Communities (“CCRCs”) are considered “a viable choice for relatively healthy seniors with...
19
Oct

New Jersey Federal Court Rules Life Estate Purchase May Be Uncompensated Transfer, Subjecting Medicaid Applicant to Gift Penalty

October 19, 2011
Federal district court in New Jersey denied a Medicaid applicant’s request for an injunction directing...
09
Apr

My Paper On The Impact That Financial Exploitation Of An Elderly Person Has On Eligibility For Medicaid Benefits Was Published In The NAELA Journal

April 9, 2010
The Journal of the National Academy of Elder Law Attorneys (“NAELA Journal”) is a semiannual...
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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