Ohio Elder Legal Questions

You should contact an experienced estate planning attorney right away. By signing a power of attorney document, you mother is giving someone else authority to act on her behalf. She can give authority to someone else for financial or health-related decisions, or both. The authority that person will have depends on the language of the document. You mother must be competent to sign a power of attorney. An estate planning attorney will meet with your mother to make sure that she understands what it means to sign a power of attorney, and to determine if she is willing and able to sign the power of attorney. If you mother is unable to sign a power of attorney, then you will need to apply for guardianship. Your application must be filed in probate court in the county where your mother lives. A court will determine if your mother needs a guardian, and whether or not you are suitable to manage her affairs. If you are appointed guardian, you will be required to report to the court on a regular basis about how you are managing things for your mother. Tonya R. Coles Elder Law -- Estate Planning -- Probate www.tonyacoles.com... Read More

If you believe that you were forced to resign from your job because of your age, you should contact a civil rights, employment, or discrimination attorney. An attorney who is experienced in discrimination issues can determine if you can pursue a lawsuit for age discrimination. Do not delay in contacting a lawyer, because you have a limited amount of time to pursue this type of lawsuit. Tonya R. Coles Elder Law -- Estate Planning -- Probate www.tonyacoles.com... Read More

It is hard to answer your question without knowing more about your situation. If you have specific issues with this doctor (or the person named in the Power of Attorney) that you do not list here, you should contact an elder law attorney to discuss those issues. The person named in the Power of Attorney should become very involved in this patient's care. That person's job is to speak for the patient when she cannot speak for herself, by making health-related decisions that are in her best interest. The POA should stay in contact with the doctor, to understand his or her plan for the patient's care. Understand that the doctor has been trained in this area, and it may truly be in the patient's best interest to continue on the medication. The POA should go with the patient to doctor visits and discuss her care with the doctor, including asking questions. He or she should explain the concerns associated with this medication. It helps if you are able to give the doctor specific examples of how the medication has affected the patient. Also ask if there can be other causes for the patient's disorientation. If, after doing these things, you are still not satisfied with the level of care, you can choose another doctor. Finally, while you are working with the doctor, you should make the nursing home staff aware of the medication's affect on the patient -- the disorientation and falling. The staff can take the appropriate steps to avoid injury to the patient. Tonya R. Coles Elder Law -- Estate Planning -- Probate www.tonyacoles.com... Read More

All transfers of property made during the look back period are reviewed. Medicaid is designed to pay long-term care costs for elderly and disabled individuals who do not have enough money to pay for their own care. When you complete an application to qualify for Medicaid benefits, you must provide a detailed list of your assets and monthly income. Additionally, you must report any transfers of assets made during the past five years. If you have made monetary gifts or transfers/sales of property for less than fair market value, those transactions will be carefully looked at, and could be subject to a penalty. The length of the penalty is based on the amount of the gifts/transfers. During the penalty period, you will not qualify for Medicaid and will be expected to pay for your own care expenses. Medicaid benefits will begin when the penalty period expires. Depending on your individual situation, however, there are some transfers that may be made without a penalty. Ohio law is very specific about what types of transfers these can be. I advise you to consult with an elder law attorney, who will take a careful look at your circumstances and help you determine how to qualify for Medicaid benefits. Tonya R. Coles Elder Law -- Estate Planning -- Probate 614-228-6600 www.tonyacoles.com... Read More

I suggest that you contact an elder law attorney in your area. An elder law attorney can talk through your situation with you, and explain your options. It is possible that your sister abused her authority under a Power of Attorney (if she was given one by your parents), or she may have improperly influenced your parents to sign documents themselves. A lawyer can help you decide if her actions were illegal, and advise you on how to proceed, which may involve contacting your parent's bank or the police for criminal charges, or filing an action in civil court. The elder law attorney can also help you come up with a plan for caring for your dad.   Tonya R. Coles, Attorney at Law Elder Law - Estate Planning - Probate tonyacoles.com... Read More

It is unfortunate that you are being prevented from visiting with your grandmother. By signing a power of attorney for health care, your grandmother gave your aunt authority to make health-related decisions for her when she cannot make them for herself. The power of attorney does not give your aunt authority to override any decisions your grandmother makes for herself, nor does it cover any situations that are not health-related, such as visitation. I do not know if your grandmother is able to make decisions for herself. If she is competent and has said that she wants to visit with you, then she has the right to see you. But, if your grandmother cannot let you into the house, that does not solve your problem. Your aunt's sudden refusal to let anyone into the house could be a sign of another issue. I suggest that you try to have a conversation with her to find out why she is doing this. Explain your concerns and try to understand hers. Perhaps there is some underlying family issue that can be worked out. If not, you may want to contact Adult Protective Services. They may be able to get involved if, in addition to not letting anyone in the house, your aunt is not providing adequate care to your grandmother. Tonya R. Coles, Attorney at Law Elder Law - Estate Planning - Probate www.tonyacoles.com... Read More

It is common for one spouse to need nursing home care while the other spouse remains at home. It is also common for the spouse in the nursing home to need Medicaid benefits to help pay the cost of care. In Ohio, nursing home costs can be several thousand dollars per month and many couples do not have enough assets to pay these costs on their own. When completing an application to qualify for Medicaid, the couple must provide a detailed list of assets and monthly income. Additionally, a five-year look back period will apply, where past financial transactions will be reviewed. In particular, the Medicaid Office will be looking for monetary gifts and transfers/sales of property for less than fair market value that have occurred during the past five years. The couple could be subject to a penalty for any monetary gifts or transfers of property made during the look back period. The length of the penalty will be based on the amount of the gifts/transfers. During the penalty period, they will not qualify for Medicaid and will be expected to pay their own care expenses. The spouse remaining at home will be allowed to keep a portion of the assets to maintain his/her lifestyle at home, and a portion of the assets will need to be used for care of the spouse in the nursing home. An Elder Law attorney can help by reviewing your situation and helping to decide how to meet the needs of both spouses. The Medicaid rules are complex and change often, so you should not try to sort this out on your own. Tonya R. Coles Elder Law -- Estate Planning -- Probate 614-228-6600 www.tonyacoles.com... Read More

Medicaid is designed to pay long-term care costs for elderly and disabled individuals who do not have enough money to pay for their own care. When you complete an application to qualify for Medicaid, you must provide a detailed list of your assets and monthly income. Additionally, a five-year look back period will apply, where past financial transactions will be reviewed. In particular, the Medicaid Office will be looking for monetary gifts and transfers/sales of property for less than fair market value that have occurred during the past five years. Your mother could be subject to a penalty for any monetary gifts or transfers of property made during the look back period. The length of the penalty will be based on the amount of the gifts/transfers. During the penalty period, she will not qualify for Medicaid and will be expected to pay for her own care expenses. You should consult with an Elder Law attorney in your area prior to giving any money away. An Elder Law attorney can review your mother's situation and help her decide how to use her money and preserve her eligibility. The Medicaid rules are complex and change often, so you should not make any of these decisions without consulting an attorney first. Tonya R. Coles Elder Law -- Estate Planning -- Probate 614-228-6600 www.tonyacoles.com... Read More

By signing a Power of Attorney, a person names someone else who can "step in their shoes" to act on their behalf. A person can give someone else authority to act for them in many types of financial and health situations. However, in Ohio, a person cannot give someone else authority to appear in court for them. The effect of this would be to give that person authority to practice law. Only lawyers can appear in court on behalf of someone else. Your stepfather can, however, give you authority to hire an attorney to appear for him. If your stepfather's financial Power of Attorney contains language allowing this, you (as his agent) can hire a lawyer to handle the matter. Tonya R. Coles Elder Law -- Estate Planning -- Probate www.tonyacoles.com... Read More