Law Office of Donald D. Vanarelli Blog

For more than two years, I have been representing an elderly man in a contested guardianship action. My client’s son claimed that my client was incapacitated, and instituted a guardianship action in the Superior Court of New Jersey, Union County in November of 2007. I opposed that guardianship action on behalf of my client, maintaining [...]

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In the recent case of In the Matter of J.M. for the Appointment of a Special Medical Guardian, Superior Court of New Jersey, Chancery Division, Bergen County, Docket No. P – 036 – 10 (Hon. Ellen L. Koblitz, P.J.Ch., July 2, 2010), a Chancery Judge discussed the difference between an attorney appointed by the court [...]

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Many third-party and self-settled special needs trusts (SNTs) contain “termination on ineligibility and distribute to family members” clauses. These clauses, called “early termination provisions”, are common trust provisions. When used in special needs trusts, the “early termination provisions” cause the trust to terminate before the death of the disabled beneficiary in order to prevent the [...]

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