As stated in prior blog posts, Attorneys Donald D. Vanarelli, Esq. Chen Li, Esq. and Matthew J. Nolfo, Esq. presented a live webinar earlier this year entitled “Protecting Your Assets from Catastrophic Nursing Home Costs in New York and New Jersey.” The webinar explains how to utilize Medicaid, Medicare, Social Security, Veterans Benefits, and Long-Term.. read more →
In this case, K.L., a Medicaid applicant, was assessed a penalty period, or period or ineligibility for Medicaid nursing home benefits, of 604 days based upon (1) the failure to obtain fair market value for a life estate owned by K.L. when real estate containing the life estate interest was sold, and (2) a number.. read more →
On February 22, 2023, Attorneys Donald D. Vanarelli, Esq. Chen Li, Esq. and Matthew J. Nolfo, Esq., who are all admitted in both New Jersey and New York, presented a live webinar entitled “Protecting Your Assets from Catastrophic Nursing Home Costs in New York and New Jersey.” The webinar was designed to teach attendees how.. read more →
On February 22, 2023, Attorneys Donald D. Vanarelli, Esq. Chen Li, Esq. and Matthew J. Nolfo, Esq., who are all admitted in both New Jersey and New York, presented a live webinar entitled “Protecting Your Assets from Catastrophic Nursing Home Costs in New York and New Jersey.” The webinar was designed to teach attendees how.. read more →
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 →
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 →
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 →
This matter arose from the imposition of a transfer penalty on Petitioner’s receipt of Medicaid benefits. Beginning in 2018, Petitioner resided with her son, R. R., and R. R. ‘s wife. Petitioner previously resided in her own home. On November 1, 2018, Petitioner and R. R. executed a “Room Rental Agreement, ” wherein Petitioner agreed to.. read more →
In this case, C.L., a resident of a nursing home, applied for Medicaid benefits. The state’s Medicaid agency, the Division of Medical Assistance and Health Services (DMAHS), denied her application. DMAHS determined an annuity C.L. purchased, which she understood to be irrevocable, was instead found to be revocable by the agency and counted as a.. read more →
A.V. suffered from Alzheimer’s disease and dementia. In January 2021, A.V. moved into a skilled nursing facility. That April, she filed her first application for Medicaid benefits, seeking a community spouse resource allowance for her husband, J.V. In June 2021, the Cumberland County Board of Social Services (CCBSS) denied the claim, advising A.V. and J.V… 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 →
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 →
L.C. and his spouse R.S. sold their marital residence, and gave the proceeds of sale and other cash gifts to their daughter V.R. and her husband I.R. The total amount gifted was $435,000. V.R. and I.R. used the gifted assets to purchase a home. L.C. and R.S. lived at this home with V.R. and I.R… read more →
C.H., a resident of a long-term care facility, filed an application for nursing home Medicaid benefits. The Medicaid agency requested additional financial documentation from petitioner and petitioner’s designated authorized representative (DAR). The applicant’s DAR experienced repeated difficulties in obtaining the financial information requested by Medicaid. During those efforts, the DAR and the Medicaid caseworker exchanged.. read more →
New Jersey appeals court affirmed denial of Medicaid application for failure to verify recurring bank transactions on applicant’s bank statements even though the transactions may have been part of a scam. G.M. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-0433-19, June 16, 2021). G.M. was eighty-three years old, suffered.. read more →
In this case, the Massachusetts Supreme Judicial Court held that property in an irrevocable trust is not countable by Medicaid even if the grantor/applicant retains a limited power of appointment over the property in the trust. Patricia A. Fournier vs. Secretary of the Exec. Office of Health & Human Services (SJC-13059, July 23, 2021) (SJC-13059,.. read more →
R.M. applied for nursing home Medicaid benefits to the State Medicaid agency, the Division of Medical Assistance and Health Services. The Division denied the application because she failed to provide necessary financial verifications. R.M. appealed the denial, and the Division conducted a fair hearing. As a result, the Division gave R.M. additional time to supply.. read more →
A Minnesota appeals court rules that a state statute deeming irrevocable trusts to be revocable for the purposes of a Medicaid eligibility determination is preempted by federal law governing irrevocable trusts. Geyen v. Commissioner Minnesota Dept. of Human Services (Minn. Ct. App., No. A20-1300, July 12, 2021). In 2011, Dorothy Geyen created two irrevocable trusts that.. 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 →
In this case, a New Jersey appeals court 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 full-time outside the.. read more →
Top Ten Most Popular Blog Posts on the VanarelliLaw Blog in 2020
Listed below are the top ten (10) thirteen (13) posts on the Vanarelli Law Office blog with the highest readership in 2020, 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 accessible.. read more →
A New York appeals court held that transfers made by a Medicaid applicant before she was diagnosed with Parkinson’s disease were not transfers for less than market value subject to penalty because the transfers were made as part of a history of gifting to her children done exclusively for a purpose other than to qualify.. read more →
G.S. is a 24 year-old woman diagnosed with bipolar disorder, post-traumatic stress disorder and depression. G.S. took medication for her mental health issues, attended therapy, and lived in a group home for people diagnosed with mental illness. In 2015, G.S. applied for and was granted Medicaid benefits under the Affordable Care Act (ACA). G.S. did.. read more →
PowerPoint Slides on Protecting your Assets from the Catastrophic Costs of Nursing Homes and other Long-Term Care Facilities
On October 15, 2020, Attorney Donald D. Vanarelli, Esq. presented a live Webinar in which attendees learned how to Protect their Assets from the Catastrophic Costs of Probate, Long-Term Care and Nursing Home Expenses. Webinar Topics Included: Care options and typical costs of care in New Jersey in various settings. How to qualify for government.. read more →
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