Law Office of Donald D. Vanarelli Blog

New Jersey Elder Law, Estate and Special Needs Planning, Mediation and Collaborative Family Law NJ

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Entries Tagged as 'Surrogate Decision-Making'

The Creation Of A Health Care Proxy Under New York Law Does Not Trigger An Agent’s Authority To Make Health Care Decisions

August 3rd, 2011 · No Comments

Rita Stein, on behalf of herself and as executrix of the estate of her deceased husband Milton Stein, filed a lawsuit in federal court against the County of Nassau, the Nassau County Police Department, and four emergency responders. Rita claimed that the emergency responders violated her and her husband’s rights under the Fourth, Fifth, and Fourteenth [...]

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Tags: Advance Directives · Elder Law · Estate Planning · Health Issues · Legal Rights of the Disabled · New Cases · Surrogate Decision-Making

My Latest Article, Entitled “Client Capacity – Assessment and Advocacy,” Published In The New Jersey Lawyer Magazine

September 2nd, 2010 · 1 Comment

Lawyers who regularly deal with elderly and disabled clients like I do often confront the issue of client capacity. Under our professional rules, a lawyer may represent a client who has less than full capacity, although a lawyer is precluded from representing a client who lacks capacity. The issue confronting the lawyer involves properly assessing [...]

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Tags: Elder Law · Estate Planning · Governmental or Public Benefit Programs · Legal Capacity or Competancy · Legal Rights of the Disabled · Litigation · Medicaid · Medicaid Planning · Personal Achievements and Awards · Special Needs Planning · Surrogate Decision-Making · Veterans Benefits

Court Finds Joint Account Does Not Pass To Surviving Owner, But Passes Under Decedent’s Will

August 14th, 2010 · No Comments

Most of the cases discussed on this blog (and, I suspect, on most blogs which spotlight developments in the law) focus principally on decisions issued by the higher-level courts, the appellate courts and the supreme court of the state.  However, the majority of court decisions in New Jersey and other states are issued by trial [...]

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Tags: Estate Litigation · Improvident Gifts · Last Will and Testament · Litigation · New Cases · Powers of Attorney · Surrogate Decision-Making · Undue Influence · Will Contests

Lawyer Demographics

November 28th, 2009 · No Comments

Like it has in each of the past six years, the New Jersey Law Journal again published its annual Legal Almanac this year. The Legal Almanac attempts to sum up the condition of the state’s legal profession each year. This year, the Law Journal described the state of New Jersey’s legal profession in four words: [...]

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Tags: Guardianship · Lawyers and Lawyering · Surrogate Decision-Making

I was a Panelist at the New Jersey State Bar’s Annual Meeting, discussing “Representing Clients With Diminished Capacity”

May 15th, 2009 · No Comments

Earlier this week I was a participant on a panel held at the New Jersey State Bar Association’s Annual Meeting in Atlantic City, NJ. The other panelists were Linda Ershow-Levenberg, Esq. and Brenda McElnea, Esq., both formerly Chairs of the Elder Law Section of the State Bar Association. The topic was “Representing Clients With Diminished [...]

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Tags: Elder Law · Estate Planning · Legal Capacity or Competancy · Surrogate Decision-Making

New Jersey Court Rules That Hospital Must Resume Life Support For Patient In Vegetative State

March 11th, 2009 · No Comments

A Union County judge has ordered life support resumed for a patient who has been in a vegetative state for 14 months, restraining a hospital from taking it upon itself to discontinue or suspend treatment, and rejecting arguments that public health considerations take precedence over the patient’s family’s wishes. Ruben Betancourt has been unconscious since [...]

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Tags: Legal Rights of the Disabled · New Cases · Surrogate Decision-Making