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Ohio Elder Law Questions & Answers
1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: Durable POA and Healthcare POA rights and responsibilities for Dad's Progressive Alzheimer's Dementia (Ohio) diagnosis.

Dad was diagnosed a few weeks ago and can no longer drive, manage his finances or cook for himself, per the evaluation. The forward prognosis is difficulty dressing, bathing and feeding within a year. I am a licensed CPA and need to confirm what I can and should not do. I have durable POA and it... View More

Nicholas P. Weiss
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answered on Jun 3, 2024

Do you need to as a matter of law? No. Will every nursing home, health care provider, and bank give you a hard time about the POAs and make you jump through a million hoops that you wouldn't have to do if you had guardianship? Absolutely yes.

1 Answer | Asked in Elder Law, Estate Planning, Family Law and Health Care Law for Ohio on
Q: My mother-in-law has dementia. Prior to his death, my father-in-law ask my husband to take care of his mom.

We moved into their house 2 weeks before his dad died. My husband's brother, David, is executor of estate and power of attorney for my mother-in-law. Per my husband, a verbal agreement was made that when my mother-in-law passed, her house would be sold and we would receive a larger portion for... View More

James L. Arrasmith
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answered on Jun 2, 2024

I'm sorry to hear about the difficult situation you’re facing. Given the verbal agreement and the substantial care your husband provided for his mother, it’s understandable that you feel entitled to a larger portion of the estate. However, verbal agreements can be challenging to enforce... View More

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 Elder Law and Health Care Law for Ohio on
Q: My mother died this past July. Am I responsible for her medical bills and her stay at a nursing home

Yesterday someone from the nursing home put paperwork that says I am responsible for her bill.

Beverly A Stull
Beverly A Stull
answered on Nov 12, 2023

As long as you did not sign documents as the responsible person for your mother's bills, you are not responsible. If you were your mother's agent under a power of attorney, and if you signed as her agent, you should have put a POA by your name to designate that you weren't signing... View More

1 Answer | Asked in Elder Law and Estate Planning for Ohio on
Q: My wife and myself had “Durable General Power of Attorney”, “Appointment of Health Care Representative”, “Living Will…….

..Declaration”, and “Last Will and Testament” documents created in 2007 while residing in South Bend, IN. Since then we have changed residency to West Chester, OH. Are we required to update/modify these document to our change of residency?

Aaron Epling
Aaron Epling
answered on Oct 30, 2023

Under the US constitution, those documents are enforceable in all other 49 states. However, some documents (particularly the healthcare directives) should be looked at. In Ohio, most attorneys use forms approved by the Ohio State Medical Association and that's what most healthcare providers... View More

1 Answer | Asked in Elder Law, Personal Injury, Estate Planning and Family Law for Ohio on
Q: Is a livein partner responsible if leave disabled partner home alone for unknown period of time and injuiry occurs?

Dad disabled and live in girlfriend left for a couple days-ish. She calls from cell and asks for well check. Deputies get there & break in - he unconscious & unresponsive on floor and covered from head to toe in dog feces. Dried, not fresh-yet the puppy they have is not anywhere to be... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 15, 2023

There is just too much baked into this question. The roommate, based on this description, does not have a specific duty to your father. I am certain that the police will look into this matter too find out what she knew and when she knew. The answer to those questions would impact my answer.... View More

1 Answer | Asked in Divorce, Domestic Violence and Elder Law for Ohio on
Q: How do I Revoke any type of POA; HIPAA; and all Financial; Medical; papers that have been filed in my husband's file in

regards to me which I have never seen but has been 'scooted' past me for control and manipulation factors. I was told I can get a Revocation for my file.....Thank you.

Todd B. Kotler
Todd B. Kotler
answered on Aug 7, 2023

Just make out new POA documents, which will revoke all prior ones. You really want to create new potential proxies in the event something happens to you anyway. You can also write a simple statement revoking a specific person's proxy status effective as of a particular date, then send it... View More

2 Answers | Asked in Family Law and Elder Law for Ohio on
Q: How to have elderly parent who refuses medical treatment deemed incompetent but not apply for guardianship?

My elderly parent is incompetent. She stopped taking her medications, stopped going to her doctor appointments. Is losing her memory. Being scammed online. The list goes on. But I am not in the position to apply for guardianship. I'm struggling with my own responsibilities. I can't be... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 6, 2023

The quick answer is that you cannot have someone deemed incompetent and not have a guardian appointed. That being said you do not have to be the guardian yourself. You can have the court appoint an attorney as guardian of the ward's estate if you cannot serve yourself. This forum is no... View More

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2 Answers | Asked in Family Law and Elder Law for Ohio on
Q: How to have elderly parent who refuses medical treatment deemed incompetent but not apply for guardianship?

My elderly parent is incompetent. She stopped taking her medications, stopped going to her doctor appointments. Is losing her memory. Being scammed online. The list goes on. But I am not in the position to apply for guardianship. I'm struggling with my own responsibilities. I can't be... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 6, 2023

The quick answer is that you cannot have someone deemed incompetent and not have a guardian appointed. That being said you do not have to be the guardian yourself. You can have the court appoint an attorney as guardian of the ward's estate if you cannot serve yourself. This forum is no... View More

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2 Answers | Asked in Elder Law and Family Law for Ohio on
Q: What to do when an elderly parent is no longer competent.

My 2 young children, my wife and I have lived with my elderly mother in her house (that she owns) for the past 5 years to help care for her, as well as the home. She has recently stopped taking her medications and seeing her doctor. She drives her car recklessly. (Has new, lrg damage to drivers... View More

Joseph Jaap
Joseph Jaap
answered on Aug 4, 2023

Check your local court web site for the information required for guardianships. Many courts post that on-line. Use the Find a Lawyer tab to retain a local attorney who handles guardianship cases and discuss the situation and what will be required, which might be complicated a bit because you... View More

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2 Answers | Asked in Elder Law and Family Law for Ohio on
Q: What to do when an elderly parent is no longer competent.

My 2 young children, my wife and I have lived with my elderly mother in her house (that she owns) for the past 5 years to help care for her, as well as the home. She has recently stopped taking her medications and seeing her doctor. She drives her car recklessly. (Has new, lrg damage to drivers... View More

Nicholas P. Weiss
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answered on Aug 4, 2023

Unfortunately this is likely a time to seek guardianship over your mother. If she is declining and isn't able to take care of herself, you will need to petition the probate court to obtain guardianship over her. If she refuses to see a doctor who can perform a competency exam, you will also... View More

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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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2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Elder Law and Estate Planning for Ohio on
Q: My mom is wanting to put her house in mine and my sisters house name, what would that do yo our taxes?
Joseph Jaap
Joseph Jaap
answered on Mar 8, 2023

If she transfers her house to you both as a gift, in addition to possible gift taxes, you and your sister will acquire the home with your mother's cost basis for income tax purposes, so that when you and your sister sell it, you both will also pay capital gains taxes on the increase in value... View More

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2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Elder Law and Estate Planning for Ohio on
Q: My mom is wanting to put her house in mine and my sisters house name, what would that do yo our taxes?
Andrew Popp
Andrew Popp
answered on Mar 7, 2023

I recommend sitting down with an estate planning professional to discuss. If your mother makes such a transfer it could be subject to gift taxes. Additionally, if she were to need benefits under a needs based assistance program like Medicaid, such a gift would impact her eligibility and may mean... View More

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1 Answer | Asked in Civil Litigation, Education Law and Elder Law for Ohio on
Q: ORC 4117.103 -volunteer at public schools When can a qualified volunteer be turned back by principal?

be turned away directly from the principle?

Arriving at my granddaughter’s elementary school for an approved PTO volunteering event at the requested time, Right away I was met with resistance. She began using her phone. She inquired to several ladies standing close by a loc of someone.... View More

Matthew Williams
Matthew Williams
answered on Jan 20, 2023

The law does not require the schools to allow any particular person to volunteer and there are literally hundreds of reasons from the mundane (we have enough help) to the quite serious (this individual set fire to the building last time they were here) that someone might be turned away.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Ohio on
Q: to contest a will does it need to be probated first?

will changed after many yrs and just 10 mo. prior to mothers death and mother was in a very vulnerable position with monies, travel to Dr. visits, food etc and older son had just had stroke 2 months before the will change and younger son took advantage of this.

Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

To open an estate, the executor named in the will should file it with the court and must give notice to all the next of kin that it has been filed, and then family members can contest the will if they have suspicions. If the named executor doesn't open the estate, any other family member can... View More

1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: mothers will was changed 2 months after my stroke and she died just 10 months later she was vulnerable at the time ?

She had no transport/way to get food etc. as I was not able at the time to do for her-I feel he took advantage and he had unreal financial debt at the time. what can I do? My younger brother did this to her

Nina Whitehurst
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answered on Nov 28, 2022

You can hire an attorney to contest the will on the basis of lack of capacity or undue influence or both. Do not delay because there are deadlines for will contests. If you miss a deadline you will lose your right to ever contest the will.

1 Answer | Asked in Elder Law and Probate for Ohio on
Q: Ward has full guardianship in MI, small Tribal stipend once a year, Need guardian of person and estate or both in OH?

Incapacitated Ward under Full guardianship (person/estate) in Michigan has been moved to Ohio nursing home long term care on full Medicaid/Medicare. I made the facility rep payee for SS check. Ward has one monthly bill, and basic needs/care (clothing, personal items) managed by guardianship now.... View More

Aaron Epling
Aaron Epling
answered on Nov 23, 2022

You may be required to 'transfer' the guardianship to the Ohio court. The Michigan court no longer has jurisdiction and may not be able to terminate the case unless it is being transferred. You bring up a couple other complicated issues. I recommend seeking counsel in the county in which... View More

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

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Ohio on
Q: How can I get power of attorney from an uncooperative parent?

He is showing signs of dementia. He has no money other than social security. My brother and I are trying to get power of attorney to handle his business but he is becoming suspicious of our motives. We need to get him help but he is refusing. We have no money to help him

Aaron Epling
Aaron Epling
answered on Jun 24, 2024

Talk to social security about becoming the representative payee. If SS is the only income, then you may not need the POA or guardianship to pay the bills as rep payee. If this doesn't work, then you may need a guardianship.

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