The New Jersey Long Term Care Ombudsman (NJLTCO) is part of a national advocacy program, authorized by the federal Older American’s Act. The NJLTCO advocates for residents of long-term care facilities by investigating and resolving complaints made by or on behalf of those residents. Examples of the types of complaints commonly investigated by the NJLTCO:.. read more →

Mental Health Awareness Month has been observed in the U.S. since 1949. As Mental Health Awareness Month, May is a time to raise awareness of and reduce the stigma surrounding behavioral health issues, as well as highlighting the ways how mental illness and addiction can affect all of us – patients, providers, families, and our.. read more →

Special needs trusts (SNTs), also referred to as supplemental benefits trusts, often play an important role in helping families plan for children with special needs. SNTs allow assets to be left to a disabled or chronically ill person without disqualifying them for public benefits based on financial need, such as Medicaid. A common asset often left.. read more →

Since March of 2020, NJ Medicaid has followed special rules related to the federal COVID-19 Public Health Emergency (PHE). These rules have allowed most NJ Medicaid recipients to keep their health coverage, even if they no longer qualified – for example, if their income was too high. However, once the federal government determines that the.. read more →

Recently, I read an interesting article in the Washington Post about Dateability, a dating app designed for disabled and chronically ill people. Dateability was launched this year, on October 21st. It carries the slogan “Making love accessible.” Some people with disabilities feel they are discriminated against by other users on dating platforms, and not seen.. read more →

10 Costly Mistakes to Avoid When Planning for a Loved One with Special Needs 1. Doing nothing. The most popular estate plan in the Unites States is doing nothing. While not a good idea for anyone, it is particularly troubling when there is a loved one with special needs. If someone does nothing and then.. 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 →

If you are injured due to another person’s negligence and receive Medicaid benefits to pay for care, New Jersey (as well as other states) always had a legal right to recover the funds the state spent on your medical expenses from a personal injury settlement or award. Once the state was reimbursed for past medical.. read more →

In this case, the New Jersey Superior Court, Appellate Division, reversed a final decision of the state Medicaid agency imposing a 203-day period of disqualification for Medicaid benefits based upon the applicant’s alleged transfer of assets for less than fair market value within the five-year look-back period before the applicant entered a nursing home. J.F… 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 →

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 →

Recently, CMS Issued New Guidance for Unrestricted Visitation in Nursing Homes During the COVID-19 Public Health Emergency Nursing homes have been severely impacted by COVID-19, with outbreaks causing high rates of infection and death. In March 2020, the Centers for Medicare & Medicaid Services (CMS) issued a memorandum providing guidance to facilities on restricting visitation.. 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 →

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 →

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 →

Recently, a three judge panel of the United States Court of Appeals for the Eleventh Circuit ruled in a 2-1 decision that websites for businesses that are open to the public but inaccessible to visually impaired people who use screen-reading software are not liable under Title III of the Americans with Disabilities Act (“ADA”). The.. read more →

This week, the Centers for Medicare & Medicaid Services (CMS) published revised guidelines for nursing home visits during the pandemic. The new recommendations are the first revision to the federal government’s nursing home guidance since September 2020. They are effective immediately. The new recommendations allow indoor and outdoor visits for all residents, except in limited.. read more →

Under COVID-19 legislation, a one-time direct payment of $1,200 was paid to individuals earning less than $75,000 per year ($150,000 for couples who file jointly), including beneficiaries of Social Security and Supplemental Security Income (SSI) benefits, Medicaid benefits and other public benefits based upon financial need. Individuals earning up to $99,000 ($198,000 for joint filers).. read more →

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 →

On December 1, 2020, Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) presented at the 22nd Annual Elder and Disability Law Symposium held via ZOOM Webinar by the New Jersey State Bar Association Elder and Disability Law Section and the New Jersey Institute for Continuing Legal Education. Mr. Vanarelli spoke on planning to attain eligibility for pension benefits.. read more →

According to the National Council on Aging, approximately 1 in 10 Americans aged 60 and older have experienced some form of elder abuse.  Some estimates range as high as 5 million elders who are abused each year. One study estimated that many cases go unreported – only 1 in 14 cases of abuse are reported.. read more →

Tax Benefit Checklist for Families Caring for Special Needs Children Unique tax benefits are available to families with individuals who have special needs. A checklist compiled by Thomas M. Brinker, Jr., a professor of accounting at Arcadia University in Pennsylvania, of some potential tax benefits that could be available to families who care for a special.. 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 →

The Internal Revenue Service issued final regulations this month providing details about how Achieving a Better Life Experience (ABLE) accounts should operate. ABLE accounts are designed to help people with disabilities and their families save up to $100,000 without risking eligibility for Supplemental Security Income (SSI) and other government benefits based on financial need. Medicaid can.. read more →