New Jersey appeals court affirmed denial of Medicaid application for failure to verify recurring bank transactions on applicant’s bank statements even though the transactions may have been part of a scam. G.M. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-0433-19, June 16, 2021). G.M. was eighty-three years old, suffered.. read more →

In this case, the Massachusetts Supreme Judicial Court held that property in an irrevocable trust is not countable by Medicaid even if the grantor/applicant retains a limited power of appointment over the property in the trust. Patricia A. Fournier vs. Secretary of the Exec. Office of Health & Human Services (SJC-13059, July 23, 2021) (SJC-13059,.. read more →

The Social Security trustees are projecting that due to the economic downturn caused by the pandemic the Social Security trust fund will be depleted in 2033 — one year earlier than the previous estimates. Once the fund is depleted, Social Security benefits will be reduced unless Congress acts in the interim. Social Security retirement benefits.. read more →

For additional information concerning nursing home law and litigation, visit: Nursing Home Law and Litigation For additional information concerning probate litigation and will contests, visit: NJ Will Contests and Probate Litigation read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →

The number of people worldwide suffering from dementia is expected to rise to 78 million by 2030, a 40% increase from the estimated number of people worldwide currently suffering from the neurological disorder. By 2050, the number of people with dementia is expected to rise to a whopping 139 million. The estimates were contained in a report published.. read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →

R.M. applied for nursing home Medicaid benefits to the State Medicaid agency, the Division of Medical Assistance and Health Services. The Division denied the application because she failed to provide necessary financial verifications. R.M. appealed the denial, and the Division conducted a fair hearing. As a result, the Division gave R.M. additional time to supply.. read more →

____________________________ Donald D. Vanarelli Donald D. Vanarelli is a Certified Elder Law Attorney, Certified by the National Elder Law Foundation, an ABA-certifying organization. In addition to being one of only about 500 attorneys who have been Certified in Elder Law in the United States, Mr. Vanarelli is also one of about 100 members of the Council of Advanced.. read more →

For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services   For additional information concerning Medicaid applications and appeals, visit: NJ Medicaid Applications For additional information concerning Medicaid and public benefits planning, visit: NJ Medicaid and Public Benefits Planning read more →

A Minnesota appeals court rules that a state statute deeming irrevocable trusts to be revocable for the purposes of a Medicaid eligibility determination is preempted by federal law governing irrevocable trusts. Geyen v. Commissioner Minnesota Dept. of Human Services (Minn. Ct. App., No. A20-1300, July 12, 2021). In 2011, Dorothy Geyen created two irrevocable trusts that.. read more →

For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services For additional information concerning Medicaid and public benefits planning, visit: NJ Medicaid and Public Benefits Planning For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →

Guardianships and Medicaid Planning – Video 3 On June 15, 2021, I participated in the 2021 Elder Law College given by the New Jersey Institute for Continuing Legal Education via ZOOM videoconference webinar. I presented a paper and discussed Medicaid planning in the contest of guardianships in New Jersey. Medicaid planning involves the strategic transfer.. read more →

Guardianships and Medicaid Planning – Video 2 On June 15, 2021, I participated in the 2021 Elder Law College given by the New Jersey Institute for Continuing Legal Education via ZOOM videoconference webinar. I presented a paper and discussed Medicaid planning in the contest of guardianships in New Jersey. Medicaid planning involves the strategic transfer.. read more →

Guardianships and Medicaid Planning – Video 1 On June 15, 2021, I participated in the 2021 Elder Law College given by the New Jersey Institute for Continuing Legal Education via ZOOM videoconference webinar. I presented a paper and discussed Medicaid planning in the contest of guardianships in New Jersey. Medicaid planning involves the strategic transfer.. read more →

For additional information concerning elder abuse actions, visit: Will Contests, Probate Litigation and Elder Abuse Actions   For additional information concerning estate planning and administration, visit: Estate Planning and Administration read more →

For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services read more →

2021 Elder Law College Format/Skill Level: ZOOM Webinar Location: Online Date: June 15, 2021 Time: 9:00 AM – 3:30 PM ET Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2021 Elder Law College given by the New Jersey Institute for Continuing Legal Education on June 15, 2021 via ZOOM videoconference webinar. Mr. Vanarelli will.. read more →

Increase in Medicaid’s penalty divisor announced. Last month, the New Jersey Division of Medical Assistance and Health Services (DMAHS), the State Medicaid agency, announced an increase in the state penalty divisor. Effective April 1, 2021, the penalty divisor has increased from $357.67 to $361.20 per day, amounting to $10,986.50 per month and $131,838 per year… read more →

For additional information concerning nursing home law and litigation, visit: Nursing Home Law and Litigation For additional information concerning probate litigation and will contests, visit: NJ Will Contests and Probate Litigation read more →

People receiving support through New Jersey’s Division of Developmental Disabilities (DDD) are able to choose the agency through which they will receive support coordination services. A Support Coordination Agency assigns a Support Coordinator to work with the disabled individual and his/her family. The Support Coordinator works closely with clients to identify their needs, and then,.. read more →

For additional information concerning elder mediation and other conflict resolution strategies, visit: Resolving Conflicts Through Collaborative Law read more →

For additional information concerning Medicaid and public benefits planning, visit: NJ Medicaid and Public Benefits Planning read more →

In this case, a New Jersey appeals court held that a Medicaid applicant’s transfer of her home to her adult child who lived with and cared for her for many years was entitled to Medicaid benefits under the “caretaker child” exemption to the transfer of assets rules even though the child worked full-time outside the.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →