In this case, Petitioner’s son, P.M., resided with his mother, Petitioner R.M., for more than fifty years, in R.M.’s home. In December 2019, R.M. was admitted to a nursing facility. Since that time, R.M. no longer resided at her former home. After R.M. was admitted into the nursing facility, P.M. and Petitioner’s daughter, R.K., petitioned the court for legal.. read more →
On May 18, 2023, Vanarelli & Li, LLC partners, attorneys Donald D. Vanarelli and Chen Li, presented a webinar entitled “Planning for Your Child with Special Needs.” Attorneys Vanarelli and Li showed the webinar attendees how to utilize Special Needs Trusts and accounts established under the “Achieving a Better Life Experience” Act (better known as.. read more →
I had a great time at the 25th annual New Jersey State Bar Association Elder and Disability Law Retreat, held in Bethlehem, PA this year. I reconnected with friends and made new connections. Also, I enjoyed presenting with my colleague Beth Manes, Esq. on the topic of “Supporting and Protecting People with Mental Illness.” ____________________________.. read more →
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 25th Annual Elder and Disability Law Retreat to be held at the Wind Creek Casino and Resort in Bethlehem, Pennsylvania on April 20 – 21 by the New Jersey State Bar Association’s Elder and Disability Law Section and the New Jersey Institute for Continuing Legal Education… read more →
Upcoming Webinar: Planning for Your Child With Special Needs
Upcoming FREE Webinar: REGISTER TODAY Date: Thursday, May 18, 2023 at 4:00 PM EST (Approximately 2 hours, depending on Q & A) Learn to Utilize Special Needs Trusts and ABLE Accounts to Access Medicaid, SSI, DDD Services and Other Public Benefits to Plan for the Future of Your Child With Special Needs Attorneys Donald D… read more →
This latest edition of Law Points for Senior Citizens, the 4th edition, is published by the New Jersey State Bar Foundation as a public service to explain laws in New Jersey of special interest to senior citizens. The booklet explains laws governing a variety of topics, such as Social Security retirement benefits, Medicaid and nursing.. read more →
In 2009, Petitioner executed a power of attorney (POA) in favor of her daughter, Vera. Ten years later, petitioner became a nursing home resident because she suffered from dementia and was no longer capable of managing her affairs. In January 2019, a social worker at the facility filed an initial Medicaid application on petitioner’s behalf… read more →
In this case, an administrative law judge 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 part-time outside the home… read more →
If a person declared to be incapacitated wishes to execute a Last Will and Testament, there a judgment must first be entered by a court declaring that the proposed testator has regained capacity to do so. See N.J.S.A. 3B:12-27; In re Estate of Frisch, 250 N.J. Super. 438 (Law Div. Probate Part 1991); In re.. read more →
Every day the lives of older adults are profoundly and negatively impacted in both the criminal and civil justice systems based on mistaken assumptions and inadequate assessments of their capacity to make decisions for themselves. In order to raise greater awareness of these issues and improve how elder justice professionals approach these issues, the Department.. read more →
Top Ten Most Popular Blog Posts on the VanarelliLaw Website in 2021
Listed below are the top ten (10) posts on the Vanarelli Law Office blog and website articles with the highest readership in 2021, as measured by the number of “unique page views” of each blog post. The title of each article is hyperlinked to the original posting on the blog so that each article is.. read more →
Being able to make health care decisions for ourselves is very important, but what happens if you become incapacitated and are unable to voice an opinion concerning your medical care? If you don’t have a health care proxy or guardian in place, state law chooses who can make those decisions. A few states, such as.. read more →
Donald D. Vanarelli, Esq. to Present on “End-of-Life” Issues at the 2021 Elder Law College–Second Semester
2021 Elder Law College–Second Semester Format/Skill Level: Webinar Location: Online Date: December 1, 2021 Time: 9:00 AM – 4:00 PM ET Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2021 Elder Law College–Second Semester given by the New Jersey Institute for Continuing Legal Education on December 1, 2021 via ZOOM videoconference webinar. Mr. Vanarelli.. read more →
On November 18, 2021, the New Jersey Supreme Court entered an Order addressing whether proceedings in state courts should be conducted in person or virtually as the COVID-19 pandemic ends. In doing so, the Supreme Court stated that it tried to balance “the reduced time and cost associated with virtual proceedings” with the benefits of.. 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 →
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 →
The New Jersey Supreme Court has amended the Court Rules governing guardianships to establish a new state-wide policy for background screenings of proposed guardians of incapacitated persons. The amendments are effective as of May 15, 2021. The new policy is intended to safeguard the vulnerable population of incapacitated adults against risks of potential abuse, neglect,.. 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 →
An Agreement to Assist A Nursing Home Resident In Obtaining Medicaid Benefits May Be Legally Binding
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 →
Donald D. Vanarelli, Esq. Will Present At The 22nd Annual Elder And Disability Law Symposium
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 →
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 →
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 →
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 →
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