In September 2015, Y.M. was declared an incapacitated person, and the Office of the Public Guardian (OPG) was appointed as Y.M.’s guardian. Y.M. was a resident of Hudson View nursing home. The month after its appointment as guardian, OPG filed a Medicaid application on behalf of Y.M. After the application was denied, Hudson View filed.. read more →

 On his HBO show, Last Week Tonight, John Oliver provided a scary and funny explanation of how guardianship works, ending with a public service announcement by William Shatner, Lily Tomlin and others explaining steps you can take to avoid the guardianship. The video is embedded above. The show focused on the abuses of a professional.. read more →

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

    New YouTube Video about the Law Office of Donald D. Vanarelli The Law Office of Donald D. Vanarelli is committed to protecting the legal rights and financial resources of seniors, the disabled and their families, and families in conflict. We provide legal services in the areas of elder law, estate planning, trust administration, special.. read more →

The decedent was survived by her incapacitated son, for whom the decedent had previously been appointed guardian. Following the decedent’s death, there was protracted litigation regarding the estate, a related trust, and the guardianship, which spanned four years. At the conclusion of the litigation, the attorneys involved submitted fee applications, seeking to be awarded payment.. read more →

The video posted above informs viewers of the legal issues facing seniors, and the importance of seeking assistance with these issues from a Certified Elder Law Attorney. The video also describes the role of the National Elder Law Foundation (NELF) in the certification process. The video that will be aired nationally on PBS affiliates. NELF, a.. read more →

In 2006, the William Mallas executed a Last Will and Testament dividing his estate equally between his brother and niece. In March 2008, he signed a power of attorney designating his neighbor, Frank Picciolo, as his agent. In November 2008, Mr. Mallas executed a new POA again naming Frank as his agent, and a new.. read more →

D.G. was declared legally incapacitated, and her son was appointed as her guardian. Her son designated an attorney from the firm of Peluso, Castelluci & Weintraub as D.G.’s representative for purposes of a Medicaid application. The attorney filed a Medicaid application in April 2013. In July 2013, D.G.’s son (her guardian) died unexpectedly. D.G.’s daughter.. read more →

After A.S. entered a nursing home, her son T.S. applied for Medicaid benefits on her behalf, listing A.S.’s sister’s address on the application. In June 2013, because the necessary financial information was not provided, Medicaid notified T.S. that the application was dismissed, and that T.S. had a right to request a fair hearing. However, T.S… read more →

Although it is common practice to add the name of a family member to a bank account as a convenience, the existence of a “convenience” account can have negative results when that family member applies for Medicaid benefits. In F.J. v. Division of Medical Assistance and Health Services, the applicant’s daughter testified that she opened.. read more →

This appeal concerned the trial court’s ruling that a 2013 deed was valid. The appellants, who were appointed co-executors of the decedent’s will, claimed that the deed was the product of undue influence. The decedent had owned a condominium and, in 2012, she executed a deed conveying that interest to herself and her niece, as.. read more →

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2017 Elder Law College given by the New Jersey Institute for Continuing Legal Education on December 14, 2017 at the Crowne Plaza, located at 690 Route 46 East, Fairfield, New Jersey. Mr. Vanarelli will provide an overview of the new laws governing guardianships in New Jersey.. read more →

Maria Delores Heller was in her seventies and suffering from late-stage ALS. She required round-the-clock medical care and was bedridden. Her late husband’s former legal associate, a New York attorney, filed an Order to Show Cause in New Jersey, seeking to be appointed as Ms. Heller’s guardian. The guardianship application was supported by two doctors’.. read more →

In 1997, Evelyn Worley’s son Dwight assisted her in opening a $100,000 Transfer On Death (“TOD”) account where he worked. Dwight was designated as the sole beneficiary of the account. In 2005, Evelyn signed a power of attorney (“POA”) naming Dwight as her agent. In 2008, she signed a will naming Dwight as her executor.. read more →

Most guardianship actions are not contested. The “typical” guardianship action proceeds as follows. Upon receipt of a filed Order Fixing Guardianship Hearing, the plaintiff must: Immediately serve the initial pleadings on the court-appointed attorney by personal service, certified mail, return receipt requested, or, if acceptable to the court-appointed attorney, via facsimile, email or regular mail… read more →

A step-by-step guide to initiating a guardianship action in New Jersey follows. Documents To Be Filed: A guardianship action is initiated by submitting the following documents to the Surrogate for filing, with the required filing fee: Order Fixing Guardianship Hearing Verified Complaint Certification of Assets Certifications of Physician or Psychologist Case Information Statement Each of.. read more →

Court-appointed legal guardians make decisions for incapacitated people, referred to as “wards” in New Jersey, about personal and medical care, meals, transportation, and even where a ward lives. Guardians also control assets, manage budgets, pay debts, and make all financial and investment decisions for the wards they assist. The New Jersey Court Rules were revised effective.. read more →

On November 15, 2016, I presented at the Second Annual Caring for Caregivers Conference at the East Rutherford Community Center. The first section of my presentation focused on guardianship law in New Jersey, Public Benefit Basics, and the use of Special Needs Trusts by parents of adult disabled children. The powerpoint slides I prepared for.. read more →

President Obama has proclaimed November 2016 as National Alzheimer’s Disease Awareness Month. The President has called upon the people of the United States “to learn more about Alzheimer’s disease and support the individuals living with this disease and their caregivers.” Alzheimer’s disease is an irreversible, progressive brain disorder that slowly destroys memory and thinking skills.. read more →

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2016 Elder Law College given by the New Jersey Institute for Continuing Legal Education on December 14, 2016 at the Crowne Plaza, located at 690 Route 46 East, Fairfield, New Jersey. Mr. Vanarelli will provide an overview of New Jersey law concerning guardianships and conservatorships. For.. read more →

A New York surrogate turned down a guardianship petition filed by the parents of a 34-year-old woman with Down syndrome, holding that courts should always seek to impose the least-restrictive terms of oversight that meet the needs of the person alleged to be incapacitated. Matter of Michelle M., 2016 NY Slip Op 51114(U) (Surrogate’s Court,.. read more →

Plaintiff filed an action seeking to declare his mother, D.W., an incapacitated person, and seeking to be appointed as her guardian. D.W. contested the guardianship action, claiming that she was not incapacitated and did not need a guardian. The court had appointed Matthew Van Natten, Esq. as D.W.’s counsel. Later, D.W. privately retained Alan John.. read more →

In 2014, Joseph Fabics filed a verified complaint seeking guardianship of his mother. The court appointed Ann Renaud, Esq. to represent Mrs. Fabics in connection with the action. The court-appointed attorney submitted a report to the court concluding that Joseph would be an unsuitable guardian, and recommending that Mrs. Fabics’s other son, Laszlo, be appointed.. read more →

  The Law Office of Donald D. Vanarelli provides Special Needs Trusts and Disability Planning Attorney Services throughout the State of New Jersey. See: https://vanarellilaw.com/special-needs-disability-planning/ Elder Law topics covered in this video include Guardianships, Conservatorships, Power of Attorney, Representative Payeeships (SSA and SSI), Joint Tenancies (including joint bank accounts), Advance Medical Directives (living wills), Do.. read more →

A trial court ruled that the plaintiff, who brought but ultimately withdrew the complaint in a contested guardianship case, must pay the legal fees of both the alleged incapacitated person and the court-appointed evaluator.  Matter of Madeline H., 31441-I-2015 This contested New York guardianship case was settled after extensive conferences pursuant to a stipulation of.. read more →