Category: Long Term Care Planning/ Medicaid Planning

What Can You Do When A Guardian Isn’t Doing His Job?

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Thanks to changes in Ohio law, there is now a clear procedure for wards and family members of wards seeking court intervention when a guardian  isn’t meeting the requirements of his job.  Every county probate court is required to have procedures in place to evaluate guardian complaints and if the complaints merit it, set the same for hearing.  The court may also schedule the relevant parties for mediation.  In more extreme cases, an action may be needed to remove the guardian.

To find out more about a guardian’s responsibilities, the wards rights and the options available to wards … Read the rest

How Do I Make Changes to My Will?

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Under Ohio Law, a Will, or a modification of a Will, known as a Codicil, must meet the same execution requirements. That is, it must be signed by the testator at the end with two individuals witnessing your signature.

Not uncommonly, individual will come into the office with their old original Wills marked up with changes that they want made. The markings can create a big problem. It can effectively invalidate the old will and not having met the execution requirements, not qualify as a codicil, leaving the person with no valid will.

If you want to make changes to your Will, the preferred method is to… Read the rest

Where Should I Keep my Will? Does it Need to Be Filed Anywhere?

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There is no requirement that a Last Will and Testament be recorded anywhere once it is made to be effective. Instead, should a probate estate need to be opened upon your death, that is the time when the Will would need to be filed with the probate court in the county where you resided when you died.

Generally, I recommend that a client keep his Will in a fire safe in his home, and ensure that loved ones know where it is and can access when the client passes away.

It is never a good idea to keep the Will in a safety deposit box in the client’s name only because an estate would need to be opened to get access to the… Read the rest

Is My Old Will Still Good?

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Thankfully, a Last Will and Testament doesn’t go bad due to the passage of time.  If the Will was in writing and signed at the end by yourself and witnessed by at least two competent witnesses who saw you sign, then you are in good shape.

The bigger question is whether the Will still reflects your wishes.

Here are some changes that would warrant a review of your Will.

  1. Having A Child, Additional Children or Grandchildren: A new child could mean including him as a beneficiary. It could also mean naming a guardian over him or a custodian or establishing a trust to manage his inheritance.
  2. Marriage or Divorce:
Read the rest

Is My Old Financial Power of Attorney Still Good?

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In May 2012, Ohio’s version of the Uniform Power of Attorney Act became effective, which made many older financial power of attorney forms ineffective.

A Financial Power of Attorney gives an individual of your choice the authority to make financial decisions and perform financial transactions on your behalf.

Without an effective Financial Power of Attorney in place, should you become incompetent, a loved one would have apply to become a court appointed guardian to assist you with your finances. The court process to be appointed guardian generally takes a minimum of a month and a half and … Read the rest