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Ohio Public Benefits Questions & Answers
1 Answer | Asked in Elder Law and Public Benefits for Ohio on
Q: I recently moved my 95 yr old grandpa from Florida to a Ohio nursing home. I also paid for his car to be transported to

Ohio. He would like to gift the 2009 car to me. He will be applying for Medicaid when his funds run out. How should I proceed? I don"t want him to have any problems with Medicaid if he does this.

Beverly A Stull
Beverly A Stull
answered on Feb 7, 2024

It is good that you are recognizing this could be a problem up front, so that it can be handled. There are two ways to approach it. One is to accept there is a penalty for an improper transfer, and arrange to pay (value of car/average monthly private pay rate for this year, currently $7,453 =... View More

1 Answer | Asked in Education Law, Employment Law, Military Law and Public Benefits for Ohio on
Q: Are Ohio public school teachers considered public employees for the purpose of paid military leave in Ohio?

Say a teacher were to join the national guard... Public employees are given additional benefits when serving in the national guard. Does a teacher receive these benefits based on Ohio law?

James L. Arrasmith
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answered on Dec 31, 2023

Under Ohio law, public school teachers are indeed considered public employees. This classification is significant when it comes to eligibility for certain benefits, including those related to military leave.

If a teacher joins the National Guard, they are entitled to the same benefits as...
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2 Answers | Asked in Elder Law and Public Benefits for Ohio on
Q: Medicaid question.92 year old father in rehab/nursing home will need to go next to long-term care. His income qualifies

him for Medicaid. His home has been a mobile home. Its fair market value is $7400 and that is his only physical asset. If he applies for Medicaid now and is accepted, as soon as we sell the trailer, his assets will be above $2000 which makes him ineligible for Medicaid until he spends down the... View More

Moshe Toron
Moshe Toron
answered on May 3, 2023

It can work out either way. If you are able to find items to spend on now, before he needs Medicaid, then that is a good option. The main thing is to sell it for the proper blue-book value and spend the funds down before he needs Medicaid.

Or you can get qualified for Medicaid first. Then,...
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1 Answer | Asked in Elder Law and Public Benefits for Ohio on
Q: Can Medicaid seize grandma's house if elderly uncle is living in it?

My 88 year old grandma has late stage dementia and needs 24hr care. My uncle (age 65) has lived with her for 30+ years and also has early dementia and can't really care for her anymore, but is hesitant to move her to an assisted care facility because he's worried about becoming homeless... View More

Mary Ellen Leslie
Mary Ellen Leslie
answered on Oct 26, 2022

If a doctor will confirm that without your uncle's care and assistance, your Grandmother would not have been able to continue living in her home, for as long as she was able to, your uncle should be allowed to continue to live in the home as long as he wishes. When he no longer needs to... View More

2 Answers | Asked in Elder Law, Real Estate Law and Public Benefits for Ohio on
Q: House & mortgage in both names. Does dad need POA to put house in his name only since she is in nursing home with Alz?

Mom has Alzheimers and is in nursing home. How does dad go about changing deed to his name only?

Bruce Martin Broyles
Bruce Martin Broyles
answered on Dec 14, 2021

Your mother is not capable of executing any document. In order to transfer real property most likely a guardianship will have to be placed by the Probate Court. Your mother is in a nursing home, so unless the assets of your parents are already protected, they will be required to spend down their... View More

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1 Answer | Asked in Elder Law, Family Law and Public Benefits for Ohio on
Q: Mom Medicaid for nursing home. Spouse living at home. They can’t take his house, right? What happens if he sells?

Elderly mom with Alzheimer’s disease needs 24 hour care. She is living in nursing home & needs Medicaid help to pay. Can her spouse sell their house in Ohio and use money left after mortgage payoff to buy another house or does he have to pay back Medicaid mom’s share of proceeds?

Moshe Toron
Moshe Toron
answered on Dec 13, 2021

He must first put the house into his name only. Then, if he sells his house, he can use the money to buys another house.

2 Answers | Asked in Public Benefits for Ohio on
Q: How much time can I get for penal code 2923.03 in the state of ohio
Matthew Williams
Matthew Williams
answered on Mar 29, 2021

That's the complicity statute. The potential penalty depends upon the level of offense in which your are allegedly complicit. Basically, what is says is this, if you are complicit in an offense, you are to be treated the same as if you committed the offense yourself. So, if you help someone... View More

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1 Answer | Asked in Civil Litigation, Landlord - Tenant and Public Benefits for Ohio on
Q: Do I have to give a 30 day notice to a group home & pay rent if it's not in the rental contract?

I am the Guardian of my brother. My brother suffers from mental illness & has been residing at a group home since June 2017. I have evidence that the owners of the group home has stolen money from my brother. His rent is $1100.00/month. The rental contract does not call for a 30-day-notice... View More

Matthew Williams
Matthew Williams
answered on Mar 30, 2018

Put the money is escrow and prepare for a fight, if you don't want to pay it. The law will generally imply a month-to-month lease if the specifics are not spelled out in the agreement and go from there. That means 30 days notice will usually be included essentially as customary.

1 Answer | Asked in Public Benefits for Ohio on
Q: If you lose an appeal with ODJFS, can you file suit in Common Pleas Court?

Is there a form you can fill out?

Matthew Williams
Matthew Williams
answered on Oct 30, 2017

https://jfs.ohio.gov/unemp_comp_faq/faq_appeal.stm

1 Answer | Asked in Public Benefits and Landlord - Tenant for Ohio on
Q: Legally responsible?

A school friend is staying with me (otherwise be homeless) and they are paying $50-$80 a week. They have applied for financial assistance and help finding a job. Now they want me to sign a paper stating how much rent is and how much electric and gas come out of what is being paid. I did this to be... View More

Matthew Williams
Matthew Williams
answered on Mar 9, 2017

Come after you for what? It sounds to me like a form meant to determine this individuals financial need.

1 Answer | Asked in Criminal Law and Public Benefits for Ohio on
Q: Is just possession an EBT card a f5?traffic ended in searched then card found? No attemp of transactions in any way

Someone is a passenger n a car. At stopped for stopping beyond white line at stop sign. The passenger has 2 food stamp cards in his bag from cleaning out reposed cars. But also had possession of drug instruments. Charges with illeagle use of food stamps x2... Is this correct charges?

Matthew Williams
Matthew Williams
answered on Feb 1, 2017

Having someone else's cards is usually an F-5, yes. See http://codes.ohio.gov/orc/2913.46

1 Answer | Asked in Public Benefits for Ohio on
Q: If you have a civil suit filed against you for a bill you owe and you are on social security can they touch your money?

My check goes in the bank every month.

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2016

Once it hits the bank they can touch that once they get a judgment. You don't want the civil suit to go to judgment. If you have insurance and they gave you a lawyer I wouldn't worry--it'll be a while before anything threatening will happen and you'll have lots of notice.

1 Answer | Asked in Family Law and Public Benefits for Ohio on
Q: I currently have a warrant for contempt on non support but i have recently filed for ssi is it possible for the courts t

To dismiss my warrant since i am attempting to get ssi

Matthew Williams
Matthew Williams
answered on Apr 25, 2016

They aren't just going to dismiss the warrant. You will need to address it directly. The fact that you cannot pay the ordered support may help you, but the longer you stay out with a warrant, the less the judge will be inclined to leniency.

1 Answer | Asked in Employment Law and Public Benefits for Ohio on
Q: I'm 17 my boyfriend is 20 his family is in Mississippi he live with me in Ohio we are planning a trip to Mississippi

For the weekend but my parents won't let me go can I legally leave and not get in trouble my dad said he could charge my boyfriend with GSI gross sexual impositioning is this true too

Matthew Williams
Matthew Williams
answered on Mar 18, 2016

You cannot go to Mississippi without your parents' consent. Unless your boyfriend molested your father, he cannot charge him with GSI. Read the statute: http://codes.ohio.gov/orc/2907.05

1 Answer | Asked in Public Benefits for Ohio on
Q: Im 16 years old and have a 6 month old is it possible to move out?
Matthew Williams
Matthew Williams
answered on Jul 29, 2015

Only with your parent's permission.

1 Answer | Asked in Public Benefits for Ohio on
Q: I have a complaint against ohio public employees retirement systems

I want to bring a lawsuit against the ohio public employees retirement system.I cannot find a lawyer to take the case what do I do

Matthew Williams
Matthew Williams
answered on Dec 29, 2014

Honestly, if you cannot find an attorney who wants the case, it's because the case is a loser. Contact any union or civil service association you belong(ed) to and see if they keep a lawyer on staff, many do.

1 Answer | Asked in Public Benefits for Ohio on
Q: I GET SSI AND THERE HOLDING MY GIRLFRIENDS INCOME TOWARDS MY INCOME WE ARE GIRLFRIEND AND BOYFRIEND.THAT'S ALL

WHAT CAN I DO TO GET MY MONEY FROM SSI. THANK YOU.

Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

Based on your question, I think you are trying to say that your girlfriend's income is being counted by Social Security to reduce your SSI benefit in some way.

There are certain situations when SSI benefits are reduced. For example, if your girlfriend is paying for part or all of your...
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