An appeals court held that an agreement to apply for Medicaid benefits for a nursing home resident made by the resident’s guardian or family members may be legally enforceable by the nursing facility in which the resident resides. Pine Brook Care Center v. D’Alessandro, Docket No. A-3197-18T1 (NJ Appellate Division, November 23, 2020) In April.. read more →

 22nd Annual Elder And Disability Law Symposium The COVID Cloud: Pandemic Practice Tips for the Elder Law and Special Needs Practitioner Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 22nd Annual Elder and Disability Law Symposium to be held via ZOOM Webinar on December 1, 2020 by the New Jersey State Bar Association Elder.. read more →

For additional information concerning elder abuse actions, visit: Will Contests, Probate Litigation and Elder Abuse Actions   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 read more →

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

In this case, the New Jersey Superior Court, Appellate Division, (1) restricted a guardian’s ability to make gifts to those individuals expressly named as residuary beneficiaries of the ward’s Last Will and Testament; (2) limited the amount of gifts to $14,000 per person each year pursuant to a power of attorney which the ward executed.. read more →

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

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

Based on reports from the police department, Adult Protective Services of Sussex County (APS) opened an investigation into the well-being of then eighty-five-year-old Sally DiNoia, who was living in her home with her adult son, John. Sally’s husband Paul had passed away, and John had been Sally’s primary caregiver for several years. . APS’s investigation.. read more →

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

In New Jersey, all guardians are appointed by the Superior Court of New Jersey. A “guardian” is a person appointed by a court to make decisions regarding the person or property of an incapacitated adult. A person is “incapacitated” under the law if he or she “is impaired by reason of mental illness or mental.. read more →

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

The New Jersey appellate division sustained the denial of Medicaid benefits based upon the applicant’s failure to submit documents necessary to verify his eligibility. Even though the Medicaid applicant was incapacitated due to dementia, could not speak, and whose agent under his power of attorney failed to assist, the court held that the Medicaid agency.. read more →

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2020 Elder and Disability Law Retreat to be held virtually via ZOOM on July 30, 2020 by the New Jersey State Bar Association Elder and Disability Law Section and the New Jersey Institute for Continuing Legal Education. Mr. Vanarelli will participate in a panel of attorneys.. 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 read more →

For additional information concerning estate planning and administration, visit: Estate Planning and Administration For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services read more →

The Quick Guide for Families summarizes the information in the Policies and Procedures Manuals prepared by the New Jersey Department of Human Services’ Division of Developmental Disabilities (DDD) for the DDD’s Medicaid waiver programs, the Supports Program and Community Care Program. The Quick Guide summarizes the eligibility rules and regulations governing the Supports Program and.. read more →

Many guardians are wondering how the COVID-19 pandemic will impact their responsibilities. The National Guardianship Association, the American Bar Association Commission on Law and Aging, and the National Center for State Courts have worked together to develop a list of “Frequently Asked Questions” or FAQs. Throughout the list of FAQs, they have provided suggestions and.. read more →

B.M. was incapacitated since birth. E.M. and plaintiff L.M. are her siblings. L.M. lived with B.M. for twenty-seven (27) years. and she provided for B.M.’s care, After her mother’s death, B.M. was declared mentally incompetent. L.M. was the appointed guardian of B.M.’s person, and E.M. was the appointed guardian of B.M.’s property. The two guardians.. read more →

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

This promotional video is presented as an introduction to the “Estate and Disability Planning” Video Series Program. “Estate and Disability Planning” is a 4-part video series presented by noted Certified Elder Law Attorney and Accredited Veterans Attorney Donald D. Vanarelli, Esq. The video series covers a number of crucial elder law topics for New Jersey.. read more →

This promotional video is presented as an introduction to the “Guardianship Practice: A Step-By-Step Guide” Video Series. This video series was presented by noted Certified Elder Law Attorney, Donald D. Vanarelli, Esq., as part of Elder Law College Lecture program. The Elder Law College program is sponsored annually by the New Jersey Institute for Continuing.. read more →

Yesterday, April 9th, the New Jersey judiciary launched The Judiciary Electronic Document Submission (JEDS) system, an electronic filing system to ease the filing of cases and slow backlogs while the state remains under an extended health emergency. The JEBS system will allow attorneys and litigants who represent themselves to file their papers electronically in most.. read more →

The New Jersey Supreme Court has approved temporary adjustments to the process for seeking an adjudication of incapacity of an adult and the appointment of a guardian of the person and/or estate. Based on social distancing requirements, the court rules and regulations governing the procedures for obtaining guardianship over incapacitated adults are relaxed to permit.. read more →

The New Jersey Supreme Court issued its First Omnibus Order on March 27, 2020 extending by 30 days the deadlines for the suspension of court proceedings and other matters in light of the ongoing public health emergency caused by COVID-19. The previous orders involved criminal, civil, family, tax and municipal courts, and suspended civil and.. read more →

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