Donald D. Vanarelli, Esq. is the Keynote Speaker at the Upcoming Caring for Caregivers Conference

East Rutherford's Access for All Committee Hosts the Second Annual Caring for Caregivers Conference on Tuesday, November 15, 2016, from 5:30 to 8:00 p.m. at the East Rutherford Community Center.

The Access for All Committee is a county-wide, diversity and inclusion initiative with the goal of ensuring special needs residents in Bergen County communities have access to the information, services, resources, and buildings operated by each municipality. Access for All brings together municipal and business leaders, public safety officials, and volunteers to share information about services and resources, legislative updates, and support options available on a county, state or federal basis.

At the upcoming Caring for Caregivers Confereence, caregivers will be provided with critical information and resources that support the needs of their special needs or “differently-abled” family members. Keynote Speaker Donald Vanarelli, attorney specializing in planning for elder care and unique issues related to parents of children with disabilities, will open the evening by sharing key information about legal documents required for parents of children with special needs.

The second half of the conference features guest panelists: Anthony Guzzo (architect with Guzzo + Guzzo Architects), Frank Recanati (Construction Official), and Dan Kotkin (Information Specialist with Bergen County, Division on Disabilities). The panel, moderated by East Rutherford Access for All Committee Chair Sherrill Curtis, will address audience questions regarding trends in home design for special needs family members, easing the renovation process, and available county/state resources.

Seating is limited. Pre-registration recommended. Registration information may be viewed on the East Rutherford website Calendar of Events or Access for All pages at: www.eastrutherfordnj.net.

Access for All meets hosts monthly meetings on the last Monday of each month, 7-8 p.m. at the East Rutherford Community Center.

About Donald D. Vanarelli 

Recipient of the Marilyn Askin Lifetime Achievement Award from the New Jersey State Bar Association's Elder and Disability Law Section, Donald D. Vanarelli is a Certified Elder Law Attorney, and a member of the Council of Advanced Practitioners of the National Academy of Elder Law Attorneys. Mr. Vanarelli is also an Accredited Veterans Attorney and an Accredited Professional Mediator. He has successfully litigated cases in New Jersey's Supreme Court and in federal court. Mr. Vanarelli represents seniors, the disabled and their families in estate planning, financing long-term medical care, nursing home issues, qualifying for Supplemental Security Income, Medicaid and other public benefits, special needs planning, and litigation, including probate, elder abuse and guardianship lawsuits.

About The Law Office of Donald D. Vanarelli 

Located in Westfield, New Jersey, the firm provides a broad range of legal services for seniors, the disabled and their families. The law firm guides clients through complex legal areas including public benefits planning, trial advocacy and court procedures, the administrative process, as well as estate and gift tax laws.

Contact: Ginny Morrissey, The Law Office of Donald D. Vanarelli, Tel: 908-232-7400, Email: gmorrissey@VanarellilLaw.com

For additional information concerning special needs trusts and disability planning, visit: http://vanarellilaw.com/special-needs-disability-planning/

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November is Alzheimer's Awareness Month

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President Obama has proclaimed November 2016 as National Alzheimer's Disease Awareness Month. The President has called upon the people of the United States “to learn more about Alzheimer's disease and support the individuals living with this disease and their caregivers.”

Alzheimer's disease is an irreversible, progressive brain disorder that slowly destroys memory and thinking skills and, eventually, the ability to carry out the simplest tasks. In most people with Alzheimer's, symptoms first appear in their mid-60s. Estimates vary, but experts suggest that more than 5 million Americans may have Alzheimer's.

The symptoms of Alzheimer's vary from person to person. In general, Alzheimer's disease progresses in four  stages:

1. Early Stage Alzheimer's Disease – Memory problems are typically one of the first signs of cognitive impairment related to Alzheimer's disease. Some people with memory problems have a condition called mild cognitive impairment (MCI). In MCI, people have more memory problems than normal for their age, but their symptoms do not interfere with their everyday lives. In addition, decline in non-memory aspects of cognition, such as word-finding, vision/spatial issues, and impaired reasoning or judgment, may signal the very early stages of Alzheimer's disease. Movement difficulties and problems with the sense of smell have also been linked to MCI.


2. Mild Alzheimer's Disease-at this stage, people experience more than just forgetfulness. Problems can include wandering and getting lost, trouble handling money and paying bills, repeating questions, taking longer to complete normal daily tasks, and personality and behavior changes. People are often diagnosed in this stage.


3. Moderate Alzheimer's Disease-In this stage, damage occurs in areas of the brain that control language, reasoning, sensory processing, and conscious thought. Memory loss and confusion grow worse, and people begin to have problems recognizing family and friends. They may be unable to learn new things, carry out multi-step tasks such as getting dressed, or cope with new situations. In addition, people at this stage may have hallucinations, delusions, and paranoia and may behave impulsively.


4. Severe Alzheimer's Disease-People with severe Alzheimer's cannot communicate and are completely dependent on others for their care. Near the end, the person may be in bed most or all of the time as the body shuts down.

Scientists don't yet fully understand what causes Alzheimer's disease in most people, and researches are just beginning to develop treatment regimens.

Visit the National Institute on Aging website to learn more about Alzheimer's disease basics.

The National Institute of Health has issued a fact sheet about the causes, diagnosis and treatment of Alzheimer's disease:

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For additional information concerning guardianships and fiduciary services, visit: http://vanarellilaw.com/guardianship-fiduciary-services/

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U.S. Supreme Court to Define What an “Appropriate” Education Is for Children with Disabilities

Under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., public schools must provide children with disabilities a “free appropriate public education.” When a school district cannot provide a student with an appropriate education, the IDEA mandates the school district must reimburse the family for the costs of sending their child to a private institution that can provide an appropriate education. However, parents, educators, and courts across the country have disagreed on exactly what constitutes an “appropriate” education for special needs students.

The key mechanism by which schools attempt to meet the IDEA requirement to provide an appropriate education is the individualized education program, or IEP. Each IEP must be reasonably calculated to confer an educational benefit on the child. Some federal courts have said that an appropriate education is provided by an IEP which provides a child with a just above-trivial educational benefit, while other courts have required that IEPs provide a substantial or “meaningful educational benefit.” This divide over the level of educational benefit the IDEA demands has resulted in widely different educational experiences for special needs students across the country.

U.S. Supreme Court has agreed to hear a case in which the Court will define what an “appropriate” education is for children with disabilities.  In Endrew F. v. Douglas County School District, petitioner, Endrew F. (Drew), was diagnosed at age 2 with autism which impaired Drew's “cognitive functioning, language and reading skills, and his social and adaptive abilities.”

Drew attended public school from preschool through 4th grade and received an IEP from the school district each year. In 2nd and 3rd grade, Drew began experiencing behavioral problems in school, such as yelling, crying, and dropping to the floor. These problems became more frequent and severe in 4th grade. Following Drew's behavioral deterioration and lack of academic progress, his parents rejected the IEP proposed for his 5th grade year because it was mostly unchanged from the ineffective 4th grade IEP. Given the school's failure to address Drew's needs, his parents notified the school district that they were withdrawing Drew from the public school and would be seeking tuition reimbursement. They then placed Drew in a private school that specializes in educating children with autism. Drew's placement at his new school was appropriate under the IDEA, and he made “academic, social and behavioral progress” there.

Drew's parent's application for tuition reimbursement from the school district was denied, and they appealed.  Ultimately, the Tenth Circuit Court of Appeals affirmed the denial of the parent's claim, holding that an IEP must be reasonably calculated to guarantee “some” educational benefit, which it interpreted to be any educational benefit that is “more than de minimis,” and held that the IEP prepared by the school district provided the educational benefit required by the law.

In their Petition for a Writ of Certiorari to the U.S. Supreme Court, Drew's parents argued that an IEP must be designed to confer a substantial educational benefit to a child with disabilities, a higher standard than that applied by the federal appeals court.  The school district disagreed, arguing that it need only provide a minimal educational benefit. In its forthcoming decision, the Supreme Court is expected to define the level of educational benefit that public schools must provide under the IDEA.

To read the petition asking the U.S. Supreme Court to hear Drew's case, click here.

For additional information concerning special needs trusts and disability planning, visit: http://vanarellilaw.com/special-needs-disability-planning/

The post U.S. Supreme Court to Define What an “Appropriate” Education Is for Children with Disabilities appeared first on Elder Law Attorney NJ | 07090 | 908-232-7400 | NJ Estate Planning Lawyer | The Law Office of Donald D. Vanarelli.

Donald D. Vanarelli, Esq. to Present at the 2016 Elder Law College

Donald D. Vanarelli, Esq. (http://VanarelliLaw.com/) will present at the 2016 Elder Law College given by the New Jersey Institute for Continuing Legal Education on December 14, 2016 at the Crowne Plaza, located at 690 Route 46 East, Fairfield, New Jersey.

Mr. Vanarelli will provide an overview of New Jersey law concerning guardianships and conservatorships. For additional information regarding this event, attorneys may contact the New Jersey Institute for Continuing Legal Education (NJICLE) at 732-214-8500 or visit their website at http://www.njicle.com/.

Don't miss out on this unique opportunity to learn from some of New Jersey's most experienced Elder Law practitioners!

For additional information regarding guardianships, conservatorships and fiduciary services, as well as elder law and estate planning issues, contact the Law Office of Donald D. Vanarelli at 908-232-7400, or visit them online at http://VanarelliLaw.com/.

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Moderator:

Donald M. McHugh, Esq.,CELA, CAP,  McHugh & Macri (East Hanover)

Speakers:

Cathyanne Pisciotta, Esq. Pisciotta & Menasha, LLC (North Brunswick)

Jonathan Bressman, Esq. Law Office of Jonathan Bressman, LLC (Fairfield)

John W. Callinan, Esq., CELA Past Chair of the NJSBA Elder and Disability Law Section Law Office of John W. Callinan (Wall)

Rachel Frett Senior Home Care Services (Morristown)

Linda Ershow-Levenberg, Esq., CELA Fink Rosner Ershow-Levenberg, LLC (Clark)

Lauren Marinaro, Esq. Past Chair of the NJSBA Elder and Disability Law Section Fink Rosner Ershow-Levenberg, LLC (Clark)

Donald D. Vanarelli, Esq. Recipient, Lifetime Achievement Award, NJ State Bar, Elder and Disability Law Section Certified Elder Law Attorney by the ABA-accredited National Elder Law Foundation Past Chair, NJSBA Elder and Disability Law Section Law Offices of Donald D. Vanarelli (Westfield)

Shirley B. Whitenack, Esq. Immediate Past President, National Association of Elder Law Attorneys Past Chair, NJSBA Elder and Disability Law Section Schenck, Price, Smith & King, LLP (Florham Park)

 

About the Program:

Elder Law Practice is one of the top growing areas of the law nationwide. If you are looking for an opportunity to earn CLE credit while brushing up on the latest in Estate Planning and other senior law matters this seminar is for you. America is graying, and more attorneys are being asked to handle issues involving aging clients. This is a growing segment of the population and their issues are unique. In just one day, this novice level seminar will address these issues and provide you with the solid foundation and practical strategies that you need when handling elder law matters. Don't miss out on this extraordinary opportunity to learn from some of New Jersey's most experience Elder Law practitioners!

 

This comprehensive one-day college will provide you with everything you need to confidently handle Elder Law matters in your practice, including:
•	Tax and estate planning strategies
•	Medicaid planning
•	Probate and guardianship mediation and litigation
•	Social security issues
•	Guardianships and conservatorships
•	Special needs trusts
•	The new waiver process under Managed Long Terms Services and Supports (MISTS)
•	Nursing home admissions, discharges and the protected rights of clients
•	Home care options
..and more!

 

CLE Credits:
NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 6.7 hours of total CLE credit.
NJ CLE:	This program has been approved for 6.7 credits (50 minute hour)
PA CLE:	5.5 substantive credits pending ($24 fee – separate check payable to NJICLE must be submitted at the end of the program)
NY CLE:	6.5 professional practice credits
CPE:	6.5 taxation credits

Door Registration: $225

Would you like to fax your registration to NJICLE? Click here for PDF registration form.

Group Registrations: Interested in registering a group for this program? Click here for a PDF order form.

About Donald D. Vanarelli 

Recipient of the Marilyn Askin Lifetime Achievement Award from the New Jersey State Bar Association's Elder and Disability Law Section, Donald D. Vanarelli is a Certified Elder Law Attorney, and a member of the Council of Advanced Practitioners of the National Academy of Elder Law Attorneys. Mr. Vanarelli is also an Accredited Veterans Attorney and an Accredited Professional Mediator. He has successfully litigated cases in New Jersey's Supreme Court and in federal court. Mr. Vanarelli represents seniors, the disabled and their families in estate planning, financing long-term medical care, nursing home issues, qualifying for Supplemental Security Income, Medicaid and other public benefits, special needs planning, and litigation, including probate, elder abuse and guardianship lawsuits.

About The Law Office of Donald D. Vanarelli 

Located in Westfield, New Jersey, the firm provides a broad range of legal services for seniors, the disabled and their families. The law firm guides clients through complex legal areas including public benefits planning, trial advocacy and court procedures, the administrative process, as well as estate and gift tax laws.

Contact: Ginny Morrissey, The Law Office of Donald D. Vanarelli, Tel: 908-232-7400, Email: gmorrissey@VanarellilLaw.com

For additional information concerning guardianships and fiduciary services, visit: http://vanarellilaw.com/guardianship-fiduciary-services/

The post Donald D. Vanarelli, Esq. to Present at the 2016 Elder Law College appeared first on Elder Law Attorney NJ | 07090 | 908-232-7400 | NJ Estate Planning Lawyer | The Law Office of Donald D. Vanarelli.

Medicare's Annual Open Enrollment Period Runs From October 15 to December 7. It's Now Time to Reassess Medicare Choices

Medicare's annual open enrollment period runs from October 15 to December 7–the period when enrollees can shop for new coverage. Now is the time to review your options to determine if you should switch plans.

During Medicare's annual open enrollment period, you may (1) enroll in a Medicare Part D (prescription drug) plan; (2) change your Part D prescription drug plan if you currently have a plan; (3)  return to traditional Medicare (Parts A and B) from a Medicare Advantage (Part C, managed care) plan (A Medicare Advantage plan is the managed care alternative to traditional fee-for-service Medicare); (4) enroll in a Medicare Advantage plan; or, (5) change Medicare Advantage plans.

If you're happy with what you have, there's no need to do anything during the annual open enrollment period. However, if you have Part D prescription drug coverage, or are enrolled in Medicare Advantage, there are at least two reasons to shop for new coverage. First, savings. Medicare enrollees who changed coverage between 2013 and 2014 saved $190 annually on their monthly premiums on average, and lowered their annual out-of-pocket limit by $401. Second, changes in formularies. Part D plans routinely change their formularies–the list of medications that are covered–and the rules under which they are covered. The plan also could drop coverage of a medication altogether. Shopping for new coverage during open enrollment period can reveal all formulary changes in Part D plans.

The best online tool for shopping plans is the Medicare Plan Finder at the Medicare website. It eliminates much of the guesswork in navigating plan choices; it allows you to plug in your Medicare number and drugs (you'll need each drug's name and dosage). The tool then displays a list of possible plans likely to meet your needs; their estimated cost, premiums, and deductibles; which drugs are covered; and customer-satisfaction ratings. The finder also will give you advice about drug utilization and restrictions.

Beneficiaries can go to www.medicare.gov or call 1-800-MEDICARE (1-800-633-4227) to make changes in their Medicare prescription drug and health plan coverage.

Here are more resources for navigating Medicare's open enrollment period:

• The 2017 Medicare & You handbook, which all Medicare beneficiaries should have received. The handbook can also be downloaded online at: https://www.medicare.gov/medicare-and-you/medicare-and-you.html or https://www.medicare.gov/pubs/pdf/10050-Medicare-and-You.pdf

• The Medicare Rights Center: www.medicareinteractive.org

• Your State Health Insurance Assistance Program, which offers independent counseling: https://www.shiptacenter.org

• Kiplinger's “How to Compare Medicare Advantage Plans“

• Medicare Plan Finder: www.medicare.gov/find-a-plan

(Based on an article on the ElderLaw Answers website. Donald D. Vanarelli, Esq. is a member of ElderLaw Answers.)  

For additional information concerning NJ elder law and special needs planning visit: http://vanarellilaw.com/legal-services/

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Preliminary Injunction Denied in Lawsuit to Prevent Medicaid Agency from Counting Dead Husband's Assets

A U.S. district court denied a preliminary injunction to a Medicaid applicant who sued New Jersey to prevent the state from denying benefits based on her dead husband's assets. Flade v. Connolly (U.S. Dist. Ct, D. N.J., No. 16-4407, Sept. 23, 2016).

Plaintiff, Eileen Flade, was a nursing home resident. On April 12, 2016, plaintiff applied for Medicaid benefits through the Bergen County Board of Social Services. Soon thereafter, plaintiff's husband passed away. At the time of his death, plaintiff's husband owned assets totaling approximately $70,000. Plaintiff owned less than $1,000. In his will, plaintiff's husband left plaintiff the smallest share of his estate permitted by law, called the “elective share.” The elective share is equal to approximately one-third of the estate. However, plaintiff did not claim the one-third elective share she was legally permitted to pursue in court.

On June 9, 2016, plaintiff's application for Medicaid benefits was denied. The Board of Social Services found that all of her late husband's assets were available to plaintiff, thereby putting her over the resource limit of $2,000 for Medicaid eligibility. After being denied for Medicaid benefits, plaintiff feared being discharged from her nursing facility due to non-payment.

In the following month, July 2016, plaintiff filed a complaint in federal court under 42 U.S.C. § 1983 for violations of the federal Medicaid Act. In August 2016, Plaintiff filed a motion for a preliminary injunction, enjoining defendants from (1) treating the assets of her late husband's estate as a resource that she has access to for her own care, and (2) denying Medicaid during the pendency of the litigation. Defendants opposed the motion, and cross-moved to dismiss plaintiff's complaint. Defendants argued that even if it were true that she did not have access to her husband's assets, plaintiff made gifts during Medicaid's “lookback period.” The lookback period is the 60-month, or 5 year, period during which the Medicaid agency scrutinizes the applicant's assets  to ensure that the applicant did not dispose of or transfer assets for less than fair market value in order to qualify for Medicaid. Gifts made during the lookback period would disqualify plaintiff from receiving Medicaid benefits for a period of time.

The United States District Court for the District of New Jersey denied the motions. The court held that plaintiff did not have access to her late husband's assets and, as a result, plaintiff was reasonably likely to succeed on the merits of her claim supporting an injunction. However, the court refused to enter an injunction directing the state to provide Medicaid during the pendency of the lawsuit. According to the Court, plaintiff failed to 1) demonstrate she would suffer irreparable harm, because she had made lifetime gifts during the 5 year look back period that would result in a penalty period; 2) forcing the state to provide Medicaid during the pendency of litigation but prior to a eligibility determination would harm the State; and 3) it would not be in the public's interest to compel the state to pay Medicaid prematurely .

The case is annexed here – Flade v. Connolly, 2016 WL 5339725 (D.N.J. Sept. 23, 2016) (unpublished)

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“Graduates Timeline” Helps Students with Intellectual and Developmental Disabilities Transition from School to Adulthood

“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 New Jersey Division of Developmental Disabilities recently issued the 2017 Timeline for Graduates Aging Out of the School System, also known as the “Graduates Timeline.” This annual timeline is issued to help students with intellectual and developmental disabilities, and their families in planning for the transition from school to adulthood.

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The Graduates Timeline is annexed here – 2017 Timeline for Graduates Aging Out of the School System

For additional information concerning special needs trusts and disability planning, visit: http://vanarellilaw.com/special-needs-disability-planning/

The post “Graduates Timeline” Helps Students with Intellectual and Developmental Disabilities Transition from School to Adulthood appeared first on Elder Law Attorney NJ | 07090 | 908-232-7400 | NJ Estate Planning Lawyer | The Law Office of Donald D. Vanarelli.