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Ohio Elder Law Questions & Answers
0 Answers | Asked in Elder Law for Ohio on
Q: What to do if my father is considered a behavioral problem and a social worker can’t get a nursing home to approve admit

My father has dementia and when he was first put in a nursing facility and was disoriented became aggressive towards staff. He is now in a hospital for Alzheimer’s patients however he needs to be discharged at some point and nursing facilities who were contacted by the hospital social worker,... Read more »

0 Answers | Asked in Elder Law for Ohio on
Q: My mother (on Medicaid, Home Health Care Waiver) has the opportunity to refinance her home with a cash out option.

Is there some way to receive/handle/utilize those loan proceeds in such a way as to not endanger her Medicaid?

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Ohio on
Q: Forgot to say in my previous post...

I forgot to say a few more things about that equity line of credit issue with my mother. Her house is in disastrous condition and is worth far, far less than what she owes the bank. So the bank simply taking the house, I don't think that will satisfy them, unless (I hope) by law that's... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Apr 6, 2022

It depends on the loan agreement.

In any event, you are not personally responsible for the loan.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Ohio on
Q: Home Equity Line of Credit -- Will I be responsible?

Years ago the bank made me a co-owner (joint checking account) of my mother's checking account. I wanted to just be POA to help pay her bills, but they made me a joint owner instead. She has a $55,000 line of credit on her home that she will never pay off. She is under hospice care and pretty... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Apr 6, 2022

They will foreclose on the house to get paid.

They can't go after you personally.

1 Answer | Asked in Elder Law for Ohio on
Q: Elder law Michigan/How to Protect Life insurance claim from nursing home if beneficiary is also a resident on Medicaid?

I am guardian of my aunt in Michigan, she is in nursing home in Michigan, and will need forever long-term skilled care, she is on Medicaid/Medicare/SS. She is the beneficiary to a life insurance policy, it can be claimed. I am trying to move her to Ohio as we are her last remaining family. A... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Apr 5, 2022

Im general, during the pandemic, Medicaid is not cutting people off Medicaid, if they are already on Medicaid.

You should speak to a Michigan elder law attorney to confirm this for Michigan.

If that is the case, then you would be able to claim the finds now and then apply for...
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1 Answer | Asked in Elder Law and Nursing Home Abuse for Ohio on
Q: The nursing home did not give my mother medication for 2 weeks resulting in surgery, can I sue the home?

The nursing home did not give my mother her medication for 2 weeks, her medication is not given regularly or consistently. This has resulted in my mother being impacted in her bowels, multiply hospital stays and now she has to have surgery to have a colostomy bag.

Matthew Williams
Matthew Williams answered on Apr 4, 2022

If the nursing home was responsible for administering the medication and it’s failure to do so was the cause of her problem, yes you could sue them. You should discuss the matter with an attorney who handles medical malpractice and/or elder law.

1 Answer | Asked in Social Security and Elder Law for Ohio on
Q: My husband has a large pension/401k retirement fund as well as Social Security(SS). I am the sole beneficiary.

I only have Social Security. We are both 68 and retired. If he goes to a nursing home in the future, does all of his SS as well as pension/401k go to his nursing home bill, while I am left to struggle to make ends meet on just my SS?

Moshe Toron Esq
Moshe Toron Esq answered on Mar 19, 2022

In Ohio, there are Medicaid rules in place to protect the community spouse. This includes rules regarding a fair split of all the income, as well as special rules regarding protecting a 401k.

However, there is a lot of confusion out there regarding the rules.

It is imperative that...
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1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: Would being power of attorney for my mother make us financially responsible for any of her debt?

We are working on getting her on Medicaid.

Moshe Toron Esq
Moshe Toron Esq answered on Mar 4, 2022

No, being power of attorney for your mother does not make you personally responsible for her debt.

It just allows you to help your mother pay her bills using her assets.

2 Answers | Asked in Estate Planning, Family Law and Elder Law for Ohio on
Q: Can my stepmom make me POA for my dad?

They are both in assisted living, he has dementia and she is slipping. She has assigned a medical POA for herself and has an attorney taking care of her financial assets, which pays for my dad's care (they both own separate properties). My dad does not have a POA assigned for him. Can she sign... Read more »

Aaron Epling
Aaron Epling answered on Feb 11, 2022

Only your father could name an agent under a power of attorney. If he is incompetent, then he cannot sign a power of attorney and guardianship may be the only option. Keep in mind, though, that people with dementia can have the capacity to sign a power of attorney. Good luck!

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1 Answer | Asked in Elder Law for Ohio on
Q: My mother and I live in a home that she owns. She pays the bills, insurance, utilities ect. She had a stroke,

over a week ago. I need a POA to pay the bills and keep the house running while she is in rehab (and maybe then some.) She is aware of what's going on but I don't think she can physically sign anything. I told her that I need a POA and she's agreeable to it. I'm not sure what... Read more »

Andrew Popp
Andrew Popp answered on Feb 9, 2022

From the facts here it sounds like you need a financial power of attorney. The procedure is spelled out in Chapter 1337 of the Ohio Revised Code. To ensure your POA is valid and likely to be honored I recommend meeting with an estate planning attorney to work with you.

Best of luck.

1 Answer | Asked in Family Law and Elder Law for Ohio on
Q: Who determines if a person with Dementia is able to continue to make decisions such as POA choice?

I would like my husband's grandmother to come live with us her son (husband's uncle) does not want that. I would like to get medical POA, however, she has moderate dementia. There is no POA paper work in place. He would like to put her in a nursing home, we are willing to add on to our... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 20, 2022

She can make her own decisions until a probate court appoints someone to be her guardian. If she designates a POA, then the person named can take action on her behalf. But another family member, like her son, could challenge it in probate court and ask to be guardian. The judge would then... Read 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... Read 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 Esq
Moshe Toron Esq 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.

1 Answer | Asked in Family Law and Elder Law for Ohio on
Q: My mom is 79. She has giving up on the will to live, but will not give my 3 sisters or I power of Attorney

She sits in her own Feeses & Filth until one of us show up & check on her.

She still has her mind, but we want to know what we can do to get her help. Everyone says without Power of Attorney we cant do anything.

What can we do

Joseph Jaap
Joseph Jaap answered on Nov 29, 2021

You can file for a guardianship in the probate court. Check the probate court web site for the guardianship process, and use the Find a Lawyer tab to retain a local probate attorney who handles guardianships to advise you. You can also call local senior services to assist until the the... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Ohio on
Q: If I go 50/50 on a house with my parents and they pay the mortgage to me as rent, could Medicaid put a lien on it?

My parents are in their 70s and my father isn't in the best health.

Andrew Popp
Andrew Popp answered on Oct 12, 2021

You're walking a fine line here. Ohio Medicaid presumes that transfers to family members are "improper" under the Medicaid rules. The burden is on you to prove otherwise.

Issue 1: Could Medicaid put a lien on the house? - It depends on how title to the home is held. If...
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1 Answer | Asked in Elder Law for Ohio on
Q: Can I call 911 from outside a nursing home to pick up my dad
Matthew Williams
Matthew Williams answered on Oct 5, 2021

Anyone can call 911 for any reason. Whether they will remove your dad from the nursing home depends upon whether they discover a problem when they arrive.

2 Answers | Asked in Elder Law and Real Estate Law for Ohio on
Q: My mother and I own a home jointly with a survivorship. My mother passed away, Can medicaid take my home?
Moshe Toron Esq
Moshe Toron Esq answered on Sep 14, 2021

Medicaid could put a lien on half of the house in order to recoup any funds they paid on behalf of your mother. This is assuming she was in a nursing home or received nursing home waiver services or received Medicaid benefits after age 55.

However, if you took care of your mother for 2...
Read more »

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2 Answers | Asked in Estate Planning and Elder Law for Ohio on
Q: When someone passes and there is no TOD or Will stating who a vehicle can go to.

Does the Ohio rule of Descent and Distribution, code 2105.06 mean that it will automatically go to the living spouse without having to go thru probate? The same does not apply to lineal descendants such as a child, correct?

Thank you Andrew Popp for your previous help.

Andrew Popp
Andrew Popp answered on Sep 13, 2021

No problem. There is a separate statute for that. See Section 2106.18 of the Ohio Revised Code. (link below) You can usually accomplish this by going to the BMV as long as the value does not exceed $65,000 under current law.

https://codes.ohio.gov/ohio-revised-code/section-2106.18

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1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: If a married Sr Citizen passes & they have a vehicle only titled in their name.Can it be retitled in someone else's name

Other then the living spouse? The living spouse is 82 and may need state assistance in the future. We don't want her to get refused assistance by not selling the van for money. Her son would like the van transferred to him. She's disabled and he's living with her to help now. So can... Read more »

Andrew Popp
Andrew Popp answered on Sep 13, 2021

Unless there was a TOD on file for the vehicle, then it will require probate in order to transfer the title to the van. The vehicle will be transferred to whomever is named in the Will, or whom is required under Ohio's rule of descent and distribution if there is no Will. See Section 2105.06... Read more »

1 Answer | Asked in Elder Law and Probate for Ohio on
Q: My Father passed away last year after a long stay in a nursing home in Ohio. What do I do with his truck?

The only thing that would go through probate if I were to file would be his truck. No other assets. His wife is deceased. House was foreclosed on. Bank account empty. There is no will. If I were to file in Probate Court as a Small Estate, and notify Medicaid in the process, would they come after... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Aug 4, 2021

If the truck is worth less than $5,000 and you paid for the funeral and the funeral cost more than the value of the truck, then you can file for a Summary Release from Administration and Medicaid does not need to be informed or paid back.

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