The nursing home admission process can be immensely stressful for both the prospective resident and her family. During this difficult period, it is easy for the parties to overlook the complex language of the nursing home admission agreement. This, however, would be a mistake. The agreement is legally binding on the signor, creating serious financial obligations to the nursing home. Careful review is necessary to ensure that the resident’s legal and financial interests are protected.
The Ohio Department of Aging has warned families against unlawful or unfair provisions in admission… Read the rest
Cleveland attorney Elizabeth L. Perla has been chosen by the National Business Institute to speak at their “Trusts 101” Seminar in Cleveland, Ohio on June 19, 2014 on the topic of Ethical Considerations. She will cover the issues of ‘Who is Your Client?’, ‘Confidentiality in Third Party Communications,’ ‘Assessing the Client’s Capacity,’ and ‘Avoiding Fraudulent Transfers.’ The seminar is designed for attorneys, financial planners, accountants, tax preparers, trust officers and paralegals. The program will be recorded in its entirety and can be obtained by… Read the rest
A woman is pregnant, you may be the father but you’re not married.
A woman has given birth to a child, you think you’re the father, but you haven’t yet established paternity.
If you fall into either of these categories, you should consider registering with the Putative Father Registry.
The Ohio Putative Father Registry is a database that allows a man to register if he believes that he is the father of a child, whether born or unborn. Once registered, the father must be notified if the child is put up for adoption.
Failing to register puts the possible father in risk of having his child given up … Read the rest
First, if there is a will provision dealing with funeral expenses, than an executor’s action are governed by the will provision. However, if the will does not deal with the issue of funeral expenses or an administrator is appointed, O.R.C. 2117.25 deals with the payment of funeral expenses.
Under 2117.25, an Ohio administrator or executor, may pay an amount, not exceeding four thousand dollars, for funeral expenses that are included in the bill of a funeral director. The probate court can approve an amount for expenses other than those in the bill of a funeral director. The administrator or… Read the rest
When a husband or wife is approved for long-term Medicaid benefits, it is imperative that the healthy spouse/community spouse take steps to protect the recipient’s Medicaid eligibility.
After the Medicaid recipient is found eligibility for benefits, he is only permitted to have $1,500 in non-exempt assets in his name in order to maintain eligibility. Hence, it is critical that any surplus resources are transferred to the community spouse/healthy spouse before the annual review is conducted in one year’s time. If the couple owns real estate jointly, it is also recommended to transfer… Read the rest