I own a house in Ohio that my parents are currently living in. I live in Texas. My father is on hospice and my mother just recently had a partial foot amputation. My sister decided to use FMLA to stay and take care of them, well mainly to take care of my dad. She is now terrorizing the home. I... View More 
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answered on Apr 12, 2023
Call Ohio adult protective services ASAP: https://aps.jfs.ohio.gov/
If she doesn't actually live there, then change the locks and lock her out. She is not a tenant and not subject to Ohio tenant protections. Call the police as well and report her for trespassing.
She had Medicare and Medicaid also has disability income and widowers support. Should I seek out a lawyer or go ahead and sell.
Is a Power of Attorney the appropriate and ethical way to do this or is obtaining guardianship more appropriate?
answered on Jan 12, 2023
A properly signed Healthcare Power of Attorney grants you the right to place someone in a nursing home.
The person signing it granted you that power.
I am her POA for her durable Financial Power of Attorney. In it it states I can gift money from her estate to any family member including myself. If that is done will it effect anything if she has to go on medicaid? Also, can a Durable POA and/or Medical POA be paid without it effecting anything,... View More
answered on Oct 11, 2022
Any gift will affect her ability to qualify for nursing home Medicaid in the next 5 years.
If you want to get paid as POA, someone will need to write up a comprehensive agreement BEFOREHAND in writing laying out the details of what you are doing and how much you are being paid. Otherwise,... View More
answered on Oct 4, 2022
In short, it depends on how the notary is signing. If they are just notarizing a signature, no it does not work. If they are signing as a witness, then it may. I would have to refer you to Section 2107.03 of the Ohio Revised Code (link below). It's going to depend on the specifics on... View More
BIL is systematically attempting to remove MIL from her home and keep it. Claims that there is verbal agreement and refusing to leave, threatening suites. How to get him out.
answered on Sep 10, 2022
She should hire an attorney, go to court and file for an eviction. However, she must follow the legal procedures regarding notice, etc.
My mother-in-law received Medicaid benefits while she was in a nursing home. Upon her death the house and other assets were left alone as her husband was still alive. If us kids sell his house and vehicle before he dies will the state of Ohio stop the sale? If not, what happens when my... View More
answered on Aug 1, 2022
If you sell the house now, Medicaid cannot take any of the sales proceeds, since your father-in-law is still alive. He can then spend the money as he sees fit on items for himself. Once he passes, then technically, Medicaid has a claim against the remaining funds from the sale. However, with some... View More
My father-in-law's oldest son is in a nursing home. He has handled financial matters in the past for his father but now they are both in managed care. Is he able to legally obtain power of attorney status over his father or is there a requirement for an individual to be mobile. We're in Ohio.
When my brother filled out my dad's Medicaid paperwork I assume he included his vehicle in the non-countable assets. Currently, the vehicle is in front of my house while dad is in a managed care facility. Going forward, what are our options since I don't really ever see dad leaving... View More
answered on Jun 6, 2022
Medicaid will eventually take the car sale proceeds if sold after his death.
You can't add your name to the car. Otherwise, it will be considered an improper transfer and your father will be penalized by Medicaid.
While your father is alive, you can sell it for fair market... View More
What am I to do with his car? Sell it and hand the money to the managed care? Keep renewing the registration and pay insurance while it sits? I'm afraid to drive it myself since I don't want to cause any issues that would make my dad lose his Medicaid benefits and I fear getting in an... View More
answered on Jun 3, 2022
If you sell the car, the funds must be spent down within 30 days. It is not sufficient to just hand over the funds to the facility. Perhaps the funds can be used to pay for a prepaid funeral plan.
Also, if you let his house just sit there, then when he passes away, Medicaid will put a lien... View More
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,... View More
answered on Jun 3, 2022
If he was in a nursing home prior to being admitted to the hospital, then he is technically still a resident of the facility. They must notify him in writing before he can be discharged from their facility. Once they notify you in writing, then you can appeal it. If you attend the appeal meeting,... View More
answered on Jun 2, 2022
There is no simple answer.
Here is a link to the regulation. https://codes.ohio.gov/ohio-administrative-code/rule-3701-17-15
Bed-rails are not specifically listed in the regulation as a restraint. However, a bed-rail certainly does restrain someone from free movement, so it can... View More
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... View More
answered on Apr 6, 2022
It depends on the loan agreement.
In any event, you are not personally responsible for the loan.
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... View More
answered on Apr 6, 2022
They will foreclose on the house to get paid.
They can't go after you personally.
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... View More
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... View More
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.
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.
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?
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... View More
We are working on getting her on Medicaid.
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.
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... View More
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!
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... View More
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.
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