In order to qualify for Medicaid benefits, an applicant may not own more than $2.000 in countable assets. All assets are countable, with few exceptions. Annuities purchased by Medicaid applicants are countable resources unless they are irrevocable and meet certain other requirements. In this case, Jane Cushing purchased a single-premium, immediate annuity from the Croatian.. read more →

The decedent, Anne Jelin, was survived by four siblings, including her brother Frederick. The decedent left a 2013 will, in which she made charitable bequests, bequests to her siblings, excluding Frederick, and bequests to nieces and nephews. Upon his sister’s death, Frederick challenged the will on the basis of lack of testamentary capacity and undue.. read more →

Listed below are the top ten (10) posts on the Vanarelli Law Office blog with the highest readership last year, in 2019. After each hyperlinked blog post title, the original post date is included. Check out the list to see this year’s highlights. Our sincere thanks for taking the time to read our blog!    .. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →

The New Jersey Appellate Division declared a nursing home’s arbitration agreement to be void based upon the agreement’s “dense and meandering first sentence” of more than 200 words, among other problematic features. Estate of Bright v. Aristacare at Cherry Hill. Maureen Bright was discharged from the hospital to Aristacare after undergoing a second leg amputation. Maureen.. read more →

In Hegadorn v. Department of Human Services, the Michigan Supreme Court approved the use of a trust established for the sole benefit of the healthy spouse as a valid method to protect the assets of a married couple when the ill spouse is a Medicaid recipient in a nursing home or other long-term care facility. The.. read more →

On June 27, 2017, D.A., through his Designated Authorized Representative (DAR), applied to the Burlington County Board of Social Services, the county welfare agency (CWA), for nursing home Medicaid benefits. Prior to submitting the Medicaid application, D.A.’s nursing facility requested pre-admission screening (PAS) on D.A.’s behalf in May 2017 to establish D.A.’s clinical eligibility for.. read more →

A nurse’s aide at a senior care facility in southern Minnesota posted a photograph of an elderly patient with on social media with a demeaning and vulgar message did not violate state law meant to protect patient privacy, a state court ruled. Furlow v. Madonna Summit of Byron, Docket No. A19-0987 (Minn. Ct. of Appeals,.. read more →

The decedent’s daughter had been disinherited under her mother’s 2013 Last Will and Testament. Following the decedent’s death, the daughter sought to admit a 2016 draft will, in which she was a beneficiary. The decedent had contacted her attorney beginning in 2015 regarding changes to her 2013 will, and advised the attorney that she did.. read more →

On January 29, 2020, I presented at the 2020 ““Elder Law in a Day” seminar given by the New Jersey Institute for Continuing Legal Education at the New Jersey Law Center in New Brunswick, New Jersey. I presented the case law update, summarizing the most significant legal developments over the past year in the areas.. read more →

A Massachusetts court held that the state is not entitled to recover Medicaid benefits from a community spouse’s annuity. Dermody v. The Executive Office of Health and Human Services (Mass. Super. Ct., No. 1781CV02342, Jan. 16, 2020). Robert Hamel purchased an annuity that named the state as primary beneficiary to the extent any Medicaid benefits are.. read more →

The patient was age 53 when he was transferred to Kindred Hospital. He had been diagnosed with multiple sclerosis and bipolar disorder in his twenties. When he signed the arbitration agreement in issue, he had required 24-hour nursing care for the previous 13 years, although he was not cognitively impaired at the time of the.. read more →

Based on reports from the local police department, Sussex County Division of Social Services, Adult Protective Services (“APS”) opened an investigation into the well-being of 85-year old Sally Dinoia, who was living with her son. Her son actively opposed the investigation, and his efforts included filing a federal complaint against APS and others involved in.. read more →

The decedent died without a will, and without a spouse, domestic partner, or children. Under the New Jersey laws of intestacy, if a decedent dies without a spouse or domestic partner, the decedent’s “descendants” inherit the estate. A “descendant” is defined to include a “child,” which in turn is defined as “any individual, including a.. read more →

R.K. transferred her one-third interest in a house she owned jointly with her daughter and son-in-law to her daughter. Less than five years later, R.K. applied for Medicaid, and asserted that the transfer was exempt under Medicaid’s “caregiver child” exception to the rules prohibiting any transfers of assets within five years of the Medicaid application.. read more →

H.R., who had significant cognitive and functional deficits, was admitted to the Hammonton Center for Rehabilitation and Healthcare (Hammonton Center).  The Hammonton Center filed a complaint seeking the appointment of a guardian for H.R. While H.R.’s guardianship was still pending, the Hammonton Center filed a Medicaid application with the Atlantic County Board of Social Services.. read more →

B.F. is an octogenarian who suffered a stroke causing left-side paralysis. B.F. used a wheelchair, and needed assistance with her activities of daily living (ADLs) and instrumental activities of daily living (IADLs). She lived with her long-time friend. When B.F. became eligible for Medicaid, she enrolled in the State’s then-existing Global Options for Long-Term Care.. read more →

A company that was supposed to help consumers complete Medicaid applications for a fee stole more than $300,000 from clients, according to a lawsuit filed by the New Jersey attorney general and the state Division of Consumer Affairs. The State’s complaint, alleging violations of the Consumer Fraud Act, was filed in New Jersey Superior Court in.. read more →

P.P. had been his mother’s legal guardian, and he was executor of her estate. After her death, Medicaid asserted a statutory lien against her estate in the amount of $132,755, representing the amount of correctly paid medical assistance that had been paid on her behalf. P.P. requested a waiver or compromise of the lien based.. read more →

For additional information concerning special needs trusts and disability planning, visit: NJ Special Needs Trusts and Disability Planning read more →

G.M., a 73 year old stroke victim, was diagnosed with Alzheimer’s disease, vascular dementia, schizoaffective and bipolar disorders. After G.M. filed a Medicaid application, the Atlantic County Board of Social Services (Board) notified G.M. that his application was denied because he did not provide necessary information. Several months later, G.M.’s designated authorized representative (DAR) submitted.. read more →

The issue in this appeal is whether a widow can modify the retirement application of her recently deceased husband, who was a member of the Teachers’ Pension and Annuity Fund (Pension Fund), even though his application was never approved because he selected a retirement option for which he was ultimately ineligible. David and Christine Minsavage.. read more →

In 1995, Frances and Larnie Shaw, prepared a number of estate planning documents. One of the documents, a testamentary trust created by Frances, was known as “Credit Shelter Trust.” Larnie and Janice, one of the Shaws’ three daughters, were designated as co-trustees of the Credit Shelter Trust. The Shaws’ other daughters were Carolyn and Shirley… read more →

The decedent, Felix Fornaro, had two children: his daughter Linda (plaintiff) and his son Carmine (defendant). In December 2011, the decedent executed a Last Will and Testament leaving 80% of his estate Carmine and 10% to Linda, with the remainder passing to his grandchildren. A year later, Mr. Fornaro died. Linda challenged the 2011 will… read more →

D.N., a 38 year-old man, was seriously injured in an automobile accident, resulting in quadriplegia. D.N. cannot sit, stand, change positions on his own, or move his arms or legs. He needs to be repositioned when he sleeps to avoid bedsores and maintain skin integrity. As a result, D.N. is eligible to receive Medicaid assistance.. read more →