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Ohio Elder Law Questions & Answers
2 Answers | Asked in Elder Law for Ohio on
Q: My mother in law is financial and legal power of attorney of her aunt who has a substantial savings.

She is a joint account holder with her aunt. Her aunt has a will but has not named an executor. Upon her passing, will the money in her accounts go to probate or will it go to the joint account holder (mother in law)?

Moshe Toron Esq
Moshe Toron Esq answered on May 21, 2020

It would go to the joint account holder, if the official account paperwork says that both account owners have "rights of survivorship."

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1 Answer | Asked in Elder Law for Ohio on
Q: It was recently brought to my attention that my elderly dying neighbor has changed her sole heir and sole poa.

There are red flags and suspicions that Live-in Caregiver may have manipulated her into these decisions. As a life long neighbor, I am deeply concerned. My neighbor is incoherent on her deathbed and has no family. How can I anonymously help before it is too late?

Moshe Toron Esq
Moshe Toron Esq answered on May 3, 2020

This is a tough one. There is a lot to really think about and it is difficult to address over the internet.

At the very least, you can call your county Adult Protective Services and see if they want to get involved. However, it is a slow moving process.

Another possibility is for...
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1 Answer | Asked in Elder Law for Ohio on
Q: I own my home, I filed a paper of transfer the ownership to my husband upon my death.

I worked n a nursing home 26 years, no thank you. It looks like hospice for me, we have wills and living wills. He has Tricare for life and so do I. He is my sponsor, I have no children and my two sisters have their own issues and are well off. What else do I have to do to keep me at home. I have... Read more »

Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq. answered on Mar 16, 2020

If your deed is a "joint with right of survival" deed with your husband, h the ownership will transfer to him upon your death. If you have to go into a nursing home, on Medicaid, your home would be a "protected asset" so long as your husband continued to live there. Whoever is... Read more »

1 Answer | Asked in Elder Law for Ohio on
Q: Mom didTOD &add my name ONLY 2keepDIL from her home incase bro dies (ill). I’m2split sale of home wHim&will

Bro mad&forced mom2add him.mom upset.As her POA should i chg it back to mom orig intent since mom fearful 2upset bro? Thx (OHIO)

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 6, 2020

Be very careful as a power of attorney in putting assets in your name or naming yourself as a future beneficiary of assets. The law in Ohio is that if you do that as a power of attorney then the transfer is presumed to be the result of undue influence, and you must then overcome that presumption.

1 Answer | Asked in Bankruptcy, Estate Planning, Collections and Elder Law for Ohio on
Q: Mom has Alzheimer's. I had to become authorized user on her credit card to access her account. I pay it each month.

The balance is high and its messing up my credit. Want to remove myself from the card. Will card company still allow me to contact them and make payments if I send my POA papers?

Timothy Denison
Timothy Denison answered on Mar 5, 2020

Probably, yes.

1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: Does Medicaid have interest or look back in the people in your household.

My older brother early 50's receive Medicaid do to stroke, aneurysm etc. I turned in his renewal forms. I'm his unofficial caregiver so i get Medicaid also. What I'd like to know is would Medicaid look back through my back account too? I have a savings not much but a few k I... Read more »

Mary Ellen Leslie Esq.
Mary Ellen Leslie Esq. answered on Mar 3, 2020

Everyone who receives Medicaid will have their finances renewed annually. With the exception of spouses, each individual is reviewed individually, so your finances would not be considered in a review of your brother’s.

2 Answers | Asked in Bankruptcy and Elder Law for Ohio on
Q: My sister Is filing bankruptcy on a a mortgage she took out against my mothers home. Can the rest of here debts come out

if the sale of the house? The deed was once in my sisters name but my mother put it back into her name after she got the mortgage.There are many more details and we would like to know if my mother needs to hire an attorney to protect what she has left

Timothy Denison
Timothy Denison answered on Feb 27, 2020

Absolutely! Your mother needs to hire an attorney immediately to protect her rights. Your mother and your sisters right appear to be adverse.

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1 Answer | Asked in Elder Law, Estate Planning and Probate for Ohio on
Q: Looking for legal advise concerning my family rights.

Looking for legal advice concerning my family rights. Situation as follows.

Younger sibling has medical and financial power of attorney for my mother.Sibling refuses to divulge financial information concerning investment portfolio,IRA and other current assets as well as a copy of the last... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Feb 11, 2020

Your sibling is under absolutely no legal obligation to share any financial information with you regarding your mother's assets if she is still living.

As far as the will, the same is true. However, if your mother has passed or does pass, then as a lineal descendant you would have...
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1 Answer | Asked in Elder Law and Family Law for Ohio on
Q: I recently found out who my biological father is and he is elderly and in a home. The family wont let me see him

he doesn't have any children (other than me)and his brother is the POA of his estate. What rights do I have to look after my father or even meet him.

Anthony C. Satariano
Anthony C. Satariano answered on Feb 7, 2020

Unfortunately, the short answer is none. Everyone in the described fact pattern is an adult, meaning they can freely decide who they interact with. You do not have a protected "right" to meet him. While normally you may be given some say in his medical care as his only biological child,... Read more »

1 Answer | Asked in Elder Law for Ohio on
Q: I would like to know how my friend is legally able to leave his parents on their own.

He has been taking care of his parents since his mother was hospitalized right before Thanksgiving. She has IBM , but is mentally alert and a feeding tube via PEG 5x a day. Then his father fell couple weeks ago from A-fib passing out - also hospitalized for placement of pacemaker. He also has... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Jan 7, 2020

He can attempt to apply to the local probate court to become their guardian. If he is their guardian, then he can make all decisions for them.

2 Answers | Asked in Elder Law and Real Estate Law for Ohio on
Q: Mothers lease is up end of January, and has been in a nursing home due to not being able to live by herself.

Need to break lease asap. Would this be considered a legal reason?

Taylor P Waters
Taylor P Waters answered on Nov 8, 2019

Not quite, you can always explain your landlord the situation and ask for options. They might be willing to let you out early or help set up a new tenant to take over the lease.

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1 Answer | Asked in Elder Law for Ohio on
Q: Can a nursing home kick out out if you have been making payments?

My father was placed into a nursing home because we could no longer care for him at home medically. He received a discharge letter from the current nursing home saying they were discharging him because of non payment even though they have been making payments since he arrived there. They currently... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Sep 27, 2019

You have the right to challenge the discharge by filing an appeal with the Ohio Department of Health. It sounds like they have no proper grounds to discharge him. If you file the appeal within 10 days, then the nursing home must wait for the appeal to be decided before they do anything.... Read more »

1 Answer | Asked in Elder Law for Ohio on
Q: Mom is 82 with early signs of dementia and wants to travel to Peru to see her sisters. Can I stop her from going?

I do not have POA or guardianship, but I have been handling the finances so to go on the trip I need to buy the ticket. Her safety is a concern. We live in Ohio.

Moshe Toron Esq
Moshe Toron Esq answered on Sep 24, 2019

In order to stop her, you would need to become her Guardian.

1 Answer | Asked in Elder Law, Landlord - Tenant and Domestic Violence for Ohio on
Q: what grounds are valid to evict my 31-year-old son from my residence? i.e. what do I put on court papers?

my son is living with me because he has a protection order for domestic violence from his wife so he cannot have contact with his wife. he started staying in my home three months ago. Since then I have been verbally and mentally abused by him and have had to call law enforcement for protection... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 10, 2019

You should get a protection order to get him out immediately. If he makes a verbal threat, or actual physical assault, that should be enough. Talk to the police. And then use the Find a Lawyer tab to retain a local real estate attorney to help you deal with the eviction to do it properly and to... Read more »

1 Answer | Asked in Elder Law for Ohio on
Q: My grandmother was just placed into a nursing home. Can Medicaid take her land even though she has a survivor deed?
Moshe Toron Esq
Moshe Toron Esq answered on Sep 3, 2019

In general, Medicaid will put a lien on her portion of the property after her passing to recover any amount of Medicaid benefits they paid out while she was in a nursing home.

This is true, even if it is a survivorship deed (to the extent of her percentage of ownership.)

It is...
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1 Answer | Asked in Consumer Law, Family Law, Elder Law and Landlord - Tenant for Ohio on
Q: I have lived in a rental own by my mother for 30 years. Doing work on her properties/with me getting house in will

I have become disabled and can no longer do most of the work. Now she wants me to move because I'm no longer useful.

What can I do

Joseph Jaap
Joseph Jaap answered on Feb 28, 2019

Use the Find a Lawyer tab to retain a local real estate attorney to review all the facts and advise you of your options. If there is no written agreement allowing you to stay and money for your rent, then you might have to move.

2 Answers | Asked in Banking, Estate Planning, Family Law and Elder Law for Ohio on
Q: Mother is poa over grandma finances. Elderly aging serv contacted her asking for receipts.

My mother is POA my husband and myself take care of my grandmother. A lady from Elderly Aging Services came by said she had a report made. My grandmother who is 87 and still very sharp told the lady she knows everything that's been spent. My mom never kept receipts she would give me cash for... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 25, 2019

If a report of possible financial wrongdoing was made, then they are obligated by law to investigate and confirm that the money has been used for your grandmother. Depending on how much money has been paid to you, or how much has been spent, they could take action. Use the Find a Lawyer tab and... Read more »

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1 Answer | Asked in Elder Law for Ohio on
Q: Can a resident in a facility be recorded on video surveillance by family members without the resident's consent?
Moshe Toron Esq
Moshe Toron Esq answered on Nov 13, 2018

If the resident is competent to make medical decisions, then no.

1 Answer | Asked in Elder Law for Ohio on
Q: Father in Long term care, step mom not on title of trailer or car. Can he sell the trailer and car without her consent?

I'm his daughter and have DPOA. She has been in rehab centers for at least 18 of the last 24 months. She's not been in contact with my father for months. Can she assume ownership of trailer without her name on the title. She will not pay bills associated with the trailer/car. She has... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Nov 13, 2018

He can sell it without her consent.

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