“Graduates Timeline” Helps Students with Intellectual and Developmental Disabilities Transition from School to Adulthood New Jersey’s Division of Developmental Disabilities, an agency within the Department of Human Resources, provides public funding for services and supports that assist New Jersey adults with intellectual and developmental disabilities who are aged 21 and older to live as independently as possible. The.. read more →
Question: Does a Section 529 educational savings plan account impact the eligibility of a minor receiving Supplemental Security Income (SSI) benefits? Are there any regulations governing such plans? Answer: Qualified Tuition Programs (QTPs), also referred to as Section 529 educational savings plans, allow individuals to contribute to an account established to pay a designated beneficiary’s.. 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 →
M.L. is the co-guardian and mother of C.L., a disabled 25-year old man with autism and epilepsy. C.L. lives with his parents in their home. He receives support and funding from the New Jersey Department of Human Services, Division of Developmental Disabilities (“DDD”) under their Self-Directed Services (“SDS”) program. Under the SDS program, he receives.. 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 →
I just read an insightful article in the Washington Post. The article, by Susan Berger, asks the question: “What’s the best way to talk to someone with Alzheimer’s?” It stems from an encounter between Berger and an acquaintance of hers who had just been diagnosed with the disease. The article explores what to do and.. read more →
Government Long-Term Care Benefits for NJ Residents 908-232-7400 Vanarelli & Li, LLC provides comprehensive Government Long-Term Care Benefits Legal Services throughout the State of New Jersey. See: https://vanarellilaw.com/medicaid-public-benefits-planning/ Elder Law topics covered in the video include Eligibility for Medicaid, Income and Resource Limits and Caps, Medicare Coverage, Home Health Aides, Home Health Care, Nursing Home.. read more →
I represented the 84-year old petitioner in P.R.-P. v. United Healthcare , a case in which we successfully appealed the reduction in her Medicaid personal care assistant (“PCA”) hours. The petitioner suffers from advanced Alzheimer’s disease, coronary artery disease, diabetes, congestive heart failure, kidney failure, renal failure, blindness, and bladder incontinence, among other things. She.. read more →
In this case, a New Jersey appeals court held that a disabled New Jersey resident eligible for Personal Care Assistance (PCA) services since 2009 was no longer eligible for PCA services under the Medicaid requirements. J.R. v. Division of Medical Assistance and Health Services, Docket No. A-0648-14T3 (App. Div., April 18, 2016 J.R. was diagnosed.. read more →
In general, Medicaid rules impose periods of Medicaid ineligibility (“penalty periods”) when a Medicaid applicant makes gifts of assets in an attempt to qualify for Medicaid. If a Medicaid applicant gifts assets within the 60-month “look-back” period, the applicant may be subject to a Medicaid penalty period, based on the value of the gift. Notably,.. read more →
The Alzheimer’s Association has issued its 2016 Alzheimer’s Disease Facts and Figures report. The report is “a statistical resource for U.S. data related to Alzheimer’s disease, the most common cause of dementia, as well as other dementias.” Aside from providing a definition of Alzheimer’s disease (“Alzheimer’s disease is a degenerative brain disease and the most common cause of.. read more →
The New Jersey Law Revision Commission (“NJLRC”) is an independent legislative commission of the State that engages in an ongoing review of statutes and case law, in order to remedy defects and clarify confusing language in those statutes. The NJLRC is proposing a revision to the New Jersey statutes in order to codify the Supreme.. read more →
The Social Security Administration (SSA) recently published new guidelines mandating that the agency issue detailed notices when individuals are determined to be ineligible for Supplemental Security Income (SSI) benefits because of excess resources that include a countable trust. The public was notified of the new guidelines via internal agency instructions published in an Emergency Message… read more →
Readers of this blog know that applicants for public benefits often appeal the decisions made by the various administrative agencies involved in providing benefits. Applicants appeal for various reasons, usually based on the outright denial of benefits or an award of fewer benefits than anticipated. The appeals are considered and decided by administrative law judges.. read more →
Caring for an elderly or disabled person frequently involves strenuous physical tasks as well as managing financial matters, organizing care, and more. As a result, caregivers may feel frustrated, isolated, stressed and overwhelmed. Although these feelings are perfectly normal, they can be harmful to both the caregiver and the person needing care. Over time, elder.. read more →
Below, in chronological order, is the annual roundup of the top 10 national elder law decisions for the year just ended, as measured by the number of “unique page views” of case summaries on the ElderLawAnswers website. Florida’s High Court Bars Non-Lawyers From Engaging in Medicaid Planning Florida’s Supreme Court ruled that non-lawyers who engage in various.. read more →
M.S. is a 73-year old residing in at a long-term care facility. She is a hemiplegic who suffers from obesity, diabetes, arthritis, osteoporosis and COPD. Because she is completely paralyzed on her left side, she had been using a manual one-arm wheelchair. She filed an application to the Division of Medical Assistance and Health Services.. read more →
Top 10 Blog Posts on www.VanarelliLaw.com in 2015
Happy New Year to clients, supporters, friends and readers. Last month, an article on this blog ranked the 25 most popular blog posts and website articles on the Vanarelli Law Office website in 2015. Since then, I decided to narrow my focus a little. In this post, I focused solely on blog posts, and created.. read more →
The decedent, Tracy Solivan, had been disabled at birth as a result of medical malpractice at a Hudson County hospital. Her parents had obtained a $172,400 settlement on her behalf, which was held in the Hudson County Surrogate’s account until she turned eighteen. In 2002, after she turned 18, Tracy Solivan’s mother was appointed as.. read more →
Plaintiff Wilson Bermudez was a patient at Kessler Institute for Rehabilitation’s West Facility for five weeks, during which his treatment included 24-hour rehabilitative nursing “to address complex medical, nursing, and rehabilitative needs.” When Bermudez later sued Kessler for injuries he allegedly sustained, he included claims under the New Jersey Nursing Home Responsibilities and Rights of.. read more →
In Singer v. Emeritus Senior Living Center, following a series of falls and the later death of Elizabeth Singer, her family sued the Emeritus Senior Living Residence, claiming that the last of those falls led to Mrs. Singer’s cognitive decline and hastened her death. Plaintiff’s expert was a board certified psychiatrist. At the conclusion of.. read more →
Top 10 New Jersey Elder Law and Special Needs Planning Cases Decided in 2014
The 17th Annual Elder Law Retreat, presented by the New Jersey State Bar Association Elder and Disability Law Section, was held on April 21 – 23, 2015 in Philadelphia, PA. At least two significant events occurred at the Retreat this year. First, I was presented with a Lifetime Achievement Award, recognizing my “advocacy in elder and.. read more →
The Achieving a Better Life Experience (ABLE) Act became law on December 19, 2014. The new law creates an option for people with disabilities and their families to save for the future, while protecting eligibility for public benefits, without creating a special needs trust or similar estate planning instrument. What is an ABLE Account? .. read more →
New Jersey’s Appellate Court ruled that, under the appropriate circumstances, it is equitable to require a disabled 89 year old veteran to receive end-of-life care in a VA facility against his wishes rather than at home in order to use his limited income to continue paying alimony to his ex-wives. .Rizzolo v. Rizzolo, 2015 NJ Super.. read more →
A New York trial court ruled that residents of a continuing care retirement community (CCRC) breached their contract when they applied for Medicaid before spending down their assets. Good Shepherd Villages v. Yezzi (NY Slip Op 51900 – NY: Supreme Court, Broome 2014). Peter and Hazel Yezzi signed a contract with Good Shepard Village (the “Good.. read more →
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