Tag: fiduciary law

Medicaid Estate Recovery- What Happens After You Qualify from Medicaid?

When a person receives the benefits of long term care services under Medicaid, upon his death, his estate becomes subject to recovery from the state of Ohio through the Estate Recovery Program. The Estate Recovery Program represents the state’s effort to recoup the costs the state expended for an individual’s long term medical care per the Medicaid program.

Estate recovery begins upon the death of the recipient of long-term care services under Medicaid.

There are limits to estate recovery. Estate recovery cannot take place if the recipient’s surviving spouse or child is alive, if the child… Read the rest

Assisted Living Waiver Program- Alternative to the Nursing Home

The Assisted Living Waiver Program is an option for those looking for alternatives to the nursing home.

With the Assisted Living Waiver Program, Medicaid covers the cost of care while the individual pays for his “room and board” at the assisted living facility.

To be eligible, the individual must apply for Medicaid and meet the following requirements:
1. Be 21 or older;
2. Meet the Medicaid financial requirements;
3. Meet the medical needs requirements;
4. Live in a nursing home, receive care through another Medicaid waiver program or live in an assisted living facility approved by the Ohio … Read the rest

Living Trust- The Advantages and the Risks to Someone in Need of Medicaid/Long Term Care

A living trust, also known as a revocable trust or a family trust, is a trust you establish during your lifetime that can be modified or revoked at any time. One of the benefits of a living trust is probate avoidance; that is upon your death, property in the trust will be transferred to the named beneficiaries outside of probate court per the terms of the trust agreement.

Another benefit of a living trust that many may not be as familiar with is that it allows you to delay the giving of a gift beyond your death. For example, if you wish your son John, who is too young, too immature or debt ridden to receive his… Read the rest

Ohio DNR Order- What it is and How you Get One

A DNR Order or a “Do Not Resuscitate” Order can be issued for a person who doesn’t want to have cardiopulmonary resuscitation (CPR) or other forms of medical intervention in the event that his heart stops or he stops breathing.   

There are two standard DNR orders, DNR Comfort Care and DNR Comfort Care-Arrest.

Under a DNR Comfort Care, a person receives care to ease pain and suffering but no resuscitation to save or prolong life.  The standard DNR Protocal calls for medical personnel to: suction airways, administer oxygen, position for comfort, splint or immobilize, control bleeding, provide… Read the rest

Attorney Elizabeth L. Perla chosen to speak by National Business Institute

Cleveland probate attorney Elizabeth L. Perla has been chosen by the National Business Institute to speak at their “The Probate Process from Start to Finish” Seminar in Cleveland, Ohio on December 17, 2013 on the topic of ‘Putting the Case to Rest: Closing the Estate.’  Her talk will cover the issues of ‘final accounting,’ ‘distribution of estate to beneficiaries,’ ‘discharge of fiduciary,’ and  ‘tax returns- what needs to be filed and when.’ Attorney Perla is looking forward to sharing her probate expertise with fellow … Read the rest