elder law

Medicaid Divorce in Ohio: Risks, Pitfalls & Alternatives

Medicaid Divorce in Ohio: What You Need to Know

Publisher’s Note:

A potential client was referred to me by a local lawyer to help her initiate a “Medicaid Divorce” as her husband had lost his job, has significant medical issues and outrageous medical bills. She explained that he didn’t qualify for Medicaid because of her income and she is unable to maintain the house and support him. She wanted a divorce but remain together. The call raised all sorts of red flags!

I referred her to the law firm of Demarest + Demarest in Bellbrook to obtain the Medicaid planning advice she desperately needed. We have been partnering with Demarest & Demarest on estate planning, probate, elder law and Medicaid planning matters for almost 2 years. They do EXCELLENT work! I knew they could help her plan and consider other alternatives available.

This call also led me to suggest to Gwen and Cullen Demarest that we write this blog together to perhaps provide the public with some valuable information for those who are experiencing similar hardships.… View Full Article → “Medicaid Divorce in Ohio: Risks, Pitfalls & Alternatives”

The Guardianship Versus the Power of Attorney Conundrum in Ohio

An Inexpensive General Power Of Attorney Document May Be All That You Need Instead Of A Guardianship

Many times, I have been contacted by a client or potential client who requests to initiate a guardianship application for a family member because a doctor has diagnosed the family member with dementia and suggested that a guardianship was necessary. However, this is not always the case and additional questions need to be asked and additional options need to be explored before reaching such a conclusion.

I always look at a situation such as this as reaching a fork in the road with two potential routes to take.

GUARDIANSHIP OPTION:

One route is a guardianship. This is a legal proceeding involving the probate court in which a judicial determination must be made that the ward is not competent to handle his or her personal affairs. There is a guardian of the person to take care of the individual and his or her own personal needs and a guardian of the estate to take care of the wards assets.… View Full Article → “The Guardianship Versus the Power of Attorney Conundrum in Ohio”