One of the most common questions we hear is, "What makes a will legal?" Sometimes, the person asking is worried that their final wishes won't be respected. Other times, we hear the question when someone suspects -- for one reason or another -- that a will shouldn't hold up in court if challenged.
Here's a fact that should startle -- if not outright scare -- most Ohio seniors: Only 9 percent of the state's probate courts require a proposed ward to be present for an initial guardianship hearing.
Why bother hiring an elder law attorney?
The draw of in-home care, for elderly people who need assistance, is fairly clear: Staying in the house gives them comfort and stability that they just do not get if they move into an assisted living center. People often have no desire to leave the house, especially if they have spent decades living there.
Many of the discussions we have in our legal practice revolve around helping families with elders foster health and happiness for everyone. During one such discussion, a member of our team talked about how much of the terminology associated with elder law probably sounds really negative to people without a legal background. This made us think for a few moments and we all agreed that this is probably the case.
If you are a baby boomer, you may be facing a challenge that more and more boomers face every day: Caring for an elderly parent. Boomers who have entered their senior years must now provide care for their infirm parents. Whether your mother or father lives independently, in a care facility or at your own home, caregiving has become a major part of your routine.
We spend our entire lives looking up to our parents for their guidance, wisdom and even financial support. When you have a parent in decline, it can be devastating, and you may feel overwhelmed by the responsibilities and difficult decisions you have to make.
If you have an elderly parent who is rapidly declining you may be considering guardianship to ensure that your parent's best interests are met.
If you or a loved one needs Medicaid services in Ohio, new changes to the law can affect your eligibility. As of July 2016, Ohio residents earning over a monthly income cap must create a Miller Trust to continue receiving needed services.