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Ohio Elder Law Questions & Answers
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...
Read more »

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 max over 20k... Read more »

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

He can sell it without her consent.

1 Answer | Asked in Family Law and Elder Law for Ohio on
Q: My parents didn't agree with my marriage 11 years ago and I was not allowed to be part of the family.

My mother is the person behind me no longer being part of things. She has always been jealous of my relationship with my father. The past year my father left me a voice message saying he needed to talk to me but I couldn't let anyone know. I have the message. He is 83 and getting dementia. My... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 6, 2018

That really is a matter best resolved within the family. Talk to siblings or others. If he is staying at home, she could keep you from entering, unless he can let you in. If he is in a care facility, she might have given them instructions on who can visit. You could file a court action to try... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: I am seeking assistance on how to get my father-in-laws Power Of Attorney switched to my wife with out costing to much.

My father-in-law is currently recovering from a fall that caused a brain bleed. He has asked us to figure out how to get his Power Of Attorney switched to my wife from my sister-in-law. He doesn't trust her due to her numerous times in jail followed by a 9 year sentence for vehicular homicide and... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 18, 2018

He can revoke her POA by sending her written notice, and also notifying any banks or other businesses with whom he does business. He can then execute a new POA. Rather than a POA, it might also be done with joint ownership of his bank accounts. He really needs some advice on how to do it... Read more »

1 Answer | Asked in Elder Law for Ohio on
Q: Can I prosacute a case that is over the Ohio Statute of Limitations

I let an individual handle my bank account when I went into the Ohio Veterans Home. He paid my expenses and pocketed the rest. When I went into the Veterans Home I was at the time about 73. I am now 82. Is there any posibality of a law suit or prosacution due to the fact that I am a senior citizen... Read more »

Matthew Williams
Matthew Williams answered on Sep 19, 2018

It is probably too late, but you can contact adult protective services to see if there is anything they can do: https://dsas.cuyahogacounty.us/en-US/adult-protective-services.aspx

1 Answer | Asked in Civil Litigation, Elder Law, Legal Malpractice and Medical Malpractice for Ohio on
Q: Mom is 66 I have POA,she sold LLC, she was president, now they are trying for her personal assets,she has none,on ssi?

Original buyer never paid full amount for business, we obtained a judgment, our attorney did not act on the remainder due( we will be sueing him- that's another story) they appealed, now they are claiming she hid business assets- untrue, she lost her home, had major medical problems and judgements... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 12, 2018

I think I answered this already. Did the tavern have insurance? That should cover the claim, get her an attorney. If the claimant settled, see the release. Otherwise, get a consult from a bankruptcy attorney. That would put the other proceedings on hold.

2 Answers | Asked in Civil Litigation, Elder Law and Medical Malpractice for Ohio on
Q: Mom 66 years old, owned LLC, was president- being sued, thinks assets hidden? How can they sue her?

This has been going on for 5 years.. If it is an LLC and she was President ..there was no piercing of the veil.. how can they request a debtors exam?? she is on SSI, home was foreclosed on, she rents an apartment, it was a bar , there were no assets .. She is basically bed ridden, heart attack when... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 12, 2018

On the mesh implant if the implant was less than two years ago I can get you the name of an attorney who will give a free consult.

On the michigas with the bar, seems that she should contact a bankruptcy attorney. If she's judgment proof no downside; it stops that other litigation.

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1 Answer | Asked in Elder Law for Ohio on
Q: I have been married for 33 years. 16 years ago I bought a home in my name only. Soon my husband may have to go to a

Care facility. I would need the state to help pay for that. Can the state take or put a lean on my house?

Moshe Toron Esq
Moshe Toron Esq answered on Aug 20, 2018

Generally not, if you outlive your husband. However, a certain amount of other assets you own might need to be spent before he can qualify for Medicaid.

1 Answer | Asked in Elder Law for Ohio on
Q: The price for setting up estate planning and medicare and medicade for nursing home care.
Matthew Williams
Matthew Williams answered on Aug 8, 2018

Depends heavily on the complexity of the estate. If the individual is simply poor and already medicare and Medicaid eligible, there's not much to plan. If it is a disabled person whose family has set up a substantial trust (or wants to), it is significantly more complex.

1 Answer | Asked in Elder Law for Ohio on
Q: Hi! If my dad is elderly but still very sharp, are others allowed to intrude and make his decisions for him?
Moshe Toron Esq
Moshe Toron Esq answered on Jul 12, 2018

If he signed a Power of Attorney for finances, then they probably have the ability to take control over his finances. However, if he does not want to continue this arrangement, then he can revoke the Power of Attorney document and take back control over his finances.

1 Answer | Asked in Elder Law for Ohio on
Q: My 81-year-old mom is living in a dangerous situation due to her hoarding. Can I do something to force her to get help?

My brother is living with her and I believe he is making the problem worse. She isn't getting the doctor's care she needs. He refuses to allow her to part with any of the items that may be worth money to help get her into a nursing care facility. Ideally, I would like to have everything including... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 1, 2018

If you cannot persuade her to do what is necessary, then you could attempt to be appointed her guardian by filing in the probate court, but you would need a doctor to confirm that she is not fully mentally competent and requires a guardian. Your brother may be taking advantage of the situation to... Read more »

1 Answer | Asked in Elder Law and Estate Planning for Ohio on
Q: Does a home in an irrevocable trust get a step up in basis upon death of the grantors?

My parents are thinking of placing their home in an irrevocable trust in order to avoid medicaid estate recovery if they are to need long term care. Are there ways to draft the trust so that when it is sold after their deaths that we can avoid substantial capital gains taxes by receiving a step... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Apr 24, 2018

Yes, this is commonly done by including a trust provision that causes the trust to be includable in the decedent's estate for tax purposes only.

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Ohio on
Q: Regarding Ohio SNF ResidentTrust Fund/Personal Needs Account.

When a resident expires and there is not a beneficiary who is entitled to the resident's personal money?

I'm not referring to Medicaid money. I know that money goes back to the state.

I'm told the SNF must write the check to The Estate of.. but, when this is done the banks will not... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Apr 19, 2018

Perhaps there is an unpaid funeral bill to be paid.

See Ohio Administrative Code 5160-3-16.5)H)(3)(c) "If funeral and/or burial expenses for a deceased resident have not been paid, and all the resident's resources other than the PNA have been exhausted, the resident's PNA account funds...
Read more »

1 Answer | Asked in Estate Planning, Probate and Elder Law for Ohio on
Q: My father inlaw has dementia his wife obtained powe of attorney .

We want to bring him home with us to try to help his dementia thru diet and alternative methods.

Joseph Jaap
Joseph Jaap answered on Apr 2, 2018

Use the Find a Lawyer tab to contact a local probate attorney who does guardianships to review all the facts and advise you what you can do to try to obtain guardianship.

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