In re S.H. was a contested guardianship litigation centering on who should be appointed guardian for S.H., a twenty-eight year old incapacitated woman. S.H. had lived with her mother, who “dutifully and selflessly cared for” S.H. her entire life. However, S.H.’s sister opposed their mother’s appointment , based upon the actions of the mother’s live-in boyfriend… read more →

Appearing Above, Left to Right: NAELA Board member Ron Landsman, Esq., CAP, who filed a brief for the Special Needs Alliance and argued the cause before the Court; NAELA member Donald Vanarelli, CELA, CAP, who represented Mr. Saccone and argued before the Court; and NAELA members Robert F. Brogan, CELA, CAP, and Dan Jurkovic, CELA,.. read more →

Court OKs Trusts for Disabled Kids of Cops and Firefighters NJ Supreme Court Justice Jaynee LaVecchia, author of the majority opinion in Thomas Saccone v. Board of Trustees of the Police and Firemen’s Retirement System For Plaintiff-Appellant Thomas Saccone: Donald D. Vanarelli (Law Office of Donald D. Vanarelli, attorney; Mr. Vanarelli and Whitney W. Bremer,.. read more →

This was a contested guardianship case involving S.H., called “Sarah” by the court, a 28 year old incapacitated woman. The principal issue in the case was whether Sarah’s guardian should be her mother, B.H. (Barbara), who filed the guardianship action, or J.H. (Joan), Sarah’s adult sister. Joining Joan in opposing Barbara’s appointment were: Barbara’s ex-husband,.. read more →

There are different rules regarding the imposition and repayment of Medicaid liens prior to funding special needs trusts (as opposed to the imposition and recovery of Medicaid liens from estates of deceased recipients.(Notably, the lien rules are different in the context of institutional liens (see N.J.S.A. 30:4-80.1) and DDD services (see N.J.A.C. 10:7-6.1). The differences.. read more →

The 17th Annual Elder and Disability Law Symposium was held on September 17, 2014 at the New Jersey Law Center in New Brunswick, NJ. Thank you to the 144 who attended the 17th Annual Symposium this year. As in past years, I gave the case law update at the opening plenary session by summarizing the.. read more →