For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services 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 →
Elder and Disability Law News for July 2021 from Law Offices of Donald D. Vanarelli
For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services For additional information concerning Medicaid applications and appeals, visit: NJ Medicaid Applications For additional information concerning Medicaid and public benefits planning, visit: NJ Medicaid and Public Benefits Planning 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 →
For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services For additional information concerning Medicaid and public benefits planning, visit: NJ Medicaid and Public Benefits Planning For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services 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 →
For additional information concerning NJ elder law and special needs planning visit: NJ Elder Law and Estate Planning Services For additional information concerning probate litigation and will contests, visit: NJ Will Contests and Probate Litigation read more →
Increase in Medicaid’s penalty divisor announced. Last month, the New Jersey Division of Medical Assistance and Health Services (DMAHS), the State Medicaid agency, announced an increase in the state penalty divisor. Effective April 1, 2021, the penalty divisor has increased from $357.67 to $361.20 per day, amounting to $10,986.50 per month and $131,838 per year… read more →
For additional information concerning elder mediation and other conflict resolution strategies, visit: Resolving Conflicts Through Collaborative Law 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 →
Under Section 728 of Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (TURCA), federal tax refunds received after December 31, 2009 are not treated as income or resources (for a period of 12 months after receipt) for purposes of determining eligibility for all federal or federally-assisted programs, including Medicaid and the Children’s.. 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 →
Elder and Disability Law News for February 2021 from the Law Office of Donald D. Vanarelli
For additional information concerning New Jersey elder law, visit: NJ Elder Law and Estate Planning Services 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 →
In New Jersey, services for the intellectually and developmentally disabled are provided by the Division of Developmental Disabilities (DDD), a division of the state Department of Human Services. DDD funds services and supports for eligible disabled individuals. These services are offered in the community by more than 200 agencies or by more than 600 individuals.. 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 →
Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at a ZOOM Webinar on February 10, 2021 at 7:00 PM along with Spectrum Care Management and Counseling, LLC, a support coordination agency. Mr. Vanarelli will speak on planning to attain eligibility for Medicaid benefits from New Jersey’s Division of Medical Assistance and Health Services, and how Medicaid.. read more →
For additional information concerning Medicaid applications and appeals, visit: NJ Medicaid Applications read more →
For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services read more →
A U.S. district court dismissed fraud claims based on the unauthorized practice of law against a New Jersey company that provided assistance to Medicaid applicants, ruling that the estate of a nursing home resident did not provide evidence that the company misled the estate about performing legal work for it. The Estate of Cotton v… 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 →
Elder and Disability Law News For October 2020 From The Law Office Of Donald D. Vanarelli
For additional information concerning elder abuse actions, visit: Will Contests, Probate Litigation and Elder Abuse Actions For additional information concerning guardianships and fiduciary services, visit: NJ Guardianship and Fiduciary Services For additional information concerning Medicaid and public benefits planning, visit: NJ Medicaid and Public Benefits Planning read more →
The Seventh Circuit vacated a district court decision that allowed an Indiana Medicaid recipient to hire her own in-home health care providers as a reasonable accommodation under the Americans with Disabilities Act, holding that more evidence was needed to determine if the recipient’s request can be granted consistent with federal requirements for funding. Vaughn v. Walthall (U.S… read more →
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