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Ohio Elder Law Questions & Answers
1 Answer | Asked in Elder Law for Ohio on
Q: My mother is disabled on SSI can my brother move in and take care of her .
Andrew Popp
Andrew Popp answered on May 24, 2021

Yes. I'm not sure of your exact question. Are you concerned about her losing benefits? Residence issues? In some cases, him moving in can have numerous benefits regarding preserving her estate. I recommend sitting down with an experienced estate planning attorney to review the situation in... Read more »

1 Answer | Asked in Elder Law for Ohio on
Q: Do I file a claim for a whole life ins. policy that was owned by my stepmother who was receiving Medicaid assistance?

My stepmother was in a nursing home which was partially paid for by Medicaid. She recently passed away. She had a small whole life insurance policy (under $10,000) that the social worker knew about when they helped her apply for Medicaid assistance. The policy value was over $8000 at the time.... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Apr 22, 2021

Life insurance proceeds are exempt from Ohio Medicaid Estate Recovery, if payable to an individual beneficiary.

2 Answers | Asked in Elder Law for Ohio on
Q: IF WE SIGN OVER OUR HOME TO THE CHILDREN AND ONE IS SUED FOR SOMETHING CAN THE HOUSE BE TAKEN AWAY?

HOW WOULD YOU PREVENT THAT FROM HAPPENING? THERE ARE SIX CHILDREN WANT TO SIGN THEM ALL ON SO IT WOULD BE EQUAL. THEY ARE THE BENEFICIARIES IF WE DIE BUT WANT THEM TO HAVE THE HOME IN THEIR NAME UNTIL WE DO. DO THEY ALL HAVE TO SIGN IN PERSON? OR SEND IT IN. SEVERAL LIVE A GOOD DISTANCE. WHAT ARE... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Apr 18, 2021

It would probably make sense to put the house into a trust in order to avoid some of these issues.

Depending on your goals, it might be a revocable trust or it might be an irrevocable trust.

You should definitely consult with an attorney for this before doing anything.

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1 Answer | Asked in Elder Law and Health Care Law for Ohio on
Q: My wife and I are currently helping her ex mother in law with caring for her house hold duties. Can we get traspassed

She is in a assisted living home. We have never caused any trouble or had the police called for doing anything wrong. We are there maybe 3 days a weeks for 2 hours that’s it. How can the property manager do this. She’s scared of the landlord and the landlord is a female. The landlord comes... Read more »

Andrew Popp
Andrew Popp answered on Mar 24, 2021

The short answer is probably yes. You may be able to contest the grounds for the trespass with the parent company who owns the nursing home, however. Ultimately, it may be better to move your ex-mother-in-law to another facility. For a more detailed answer I recommend sitting down with an... Read more »

1 Answer | Asked in Elder Law and Probate for Ohio on
Q: My dad died in OH. He was in a home paid for by Medicare. His home was sold in a tax sale. Is the Medicare lien expired

He died in 2008. His home was sold in a tax sale and Medicare was paid very little. We recently were informed by a distant relative that he is part owner of a property left by another relative in another state and they want to sell. Will we need to pay the Medicare lien with the sale of that... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 17, 2020

Medicare does not pursue estate recovery for benefits paid. It is considered an “entitlement” benefit that is earned by taxes paid during working years and premiums paid after enrollment.

2 Answers | Asked in Estate Planning, Family Law, Elder Law and Probate for Ohio on
Q: I am the co- owner of my mother's banking & checking account. Do I have to pay back my mother's estate ?

My sister placed my Mom into a nursing home in May of 2019 for dementia. And then she hired a guardian for my mom in June 2019. I have lived in my Mom's home from May 2019 until now. I have been the co-owner of my Mom's banking and checking account since April 5, 2015. And, I used the... Read more »

Aaron Epling
Aaron Epling answered on Dec 2, 2020

Interesting question. You certainly cannot be responsible for repaying any money that you spent on behalf of your mother for her expenses like medical expenses, nursing home bills, taxes, insurance, etc. One tricky question is whether you are liable to the estate for payments that you made to... Read more »

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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Ohio on
Q: My Dad is 89 years old and for the last 3 or 4 years he has been giving my brothers and mine Inheritances away to his

My Dad is 89 years old and for the last 3 or 4 years he has been giving my brothers and mine Inheritances away to his girlfriends kids, how can we stop this? My Dad telling me that we will not get anything or only get what he owe on. What can be done? My Dad lives in Ohio.

Aaron Epling
Aaron Epling answered on Nov 10, 2020

If he is incompetent, then you can apply to be his guardian and take control over his finances. You could also notify his bank that you believe he's incompetent or under undue influence. If he's competent and not under undue influence, then your options are very limited.

1 Answer | Asked in Elder Law and Health Care Law for Ohio on
Q: How to become spouses power of attorney

Spouse in Nursing home due to stroke

Moshe Toron Esq
Moshe Toron Esq answered on Oct 23, 2020

If she is able to sign her name and is aware of what she is doing, then she can sign a power of attorney form that grants you power of attorney.

1 Answer | Asked in Civil Litigation, Real Estate Law, Elder Law and Landlord - Tenant for Ohio on
Q: Any options to break a lease who can no longer stay independent due to falls, hospitalizations, etc?

After renewing her lease, my mom fell and was hospitalized and spent 4 months in rehabilitation therapy and is now in assisted living facility. Moved her stuff out and notified property manager of the situation via email and offered to work with them on scheduling and key return while moving her... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 1, 2020

No, that does not give an option to break the lease. Tenant is responsible for the rent for the full term of the lease until its expiration. If rent is not paid, landlord can sue for the rent, minus any rent landlord collects from a new tenant.

1 Answer | Asked in Elder Law for Ohio on
Q: Can a POA change will&set up irrevocable trust?Does person need to be deemed incompetent for POA to go in effect?
Moshe Toron Esq
Moshe Toron Esq answered on Jul 30, 2020

A POA can't make a will.

A POA document must have very specific statutory language in it in order to allow a POA to create an Irrevocable Trust.

Some POA documents require the Principal to be declared incompetent, but many do not.

2 Answers | Asked in Elder Law for Ohio on
Q: My 89 year old mother is in rehab after she was in Parma UH Geriatric Psyc Ward. Diagnosed with Dementia w/Psychosis.

What are my next steps I do not have financial POA. I have Medical POA

Moshe Toron Esq
Moshe Toron Esq answered on Jun 2, 2020

You will need to hire an attorney and apply for guardianship over your mother's financial affairs in probate court.

You can make medical decisions for her now, since you are the Healthcare POA.

However, without either a guardianship or a financial POA, you won't be able to...
Read more »

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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...
Read more »

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 »

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