Elder Law

1. What is Elder Law?

Elder law refers to legal issues that affect the elderly and their families. This area of law addresses a wide range of topics, including estate planning, long-term care, healthcare, elder abuse, and end-of-life planning. Elder law attorneys specialize in assisting seniors and their families with the legal matters that arise as they age. These attorneys are skilled in understanding the challenges that come with aging, and they offer legal solutions to help protect the rights and assets of seniors.

2. Estate Planning and Wills

Estate planning is one of the most important aspects of elder law. As individuals age, it becomes essential to plan for the distribution of their assets after death and to ensure that their healthcare decisions are made according to their wishes. In Ohio, common estate planning tools include wills, trusts, and powers of attorney.

a. Wills

A will is a legal document that outlines how a person’s assets and property will be distributed upon their death. In Ohio, a will must be signed by the person making the will (the testator) and witnessed by two individuals to be considered valid. Without a valid will, Ohio’s intestate succession laws dictate how property will be distributed, which may not align with the decedent's wishes.

b. Trusts

A trust allows an individual to transfer assets to a trustee, who then manages the assets for the benefit of designated beneficiaries. There are many types of trusts, including revocable living trusts and irrevocable trusts. Trusts can help avoid probate, maintain privacy, and reduce estate taxes. For seniors, a revocable living trust may be used to manage assets during their lifetime and ensure the smooth distribution of assets after death.

c. Powers of Attorney

A power of attorney (POA) allows a person to designate someone to make financial or healthcare decisions on their behalf in case they become incapacitated. A durable power of attorney ensures that the POA remains in effect even if the person becomes mentally or physically incapacitated. In Ohio, a healthcare power of attorney can be used to designate someone to make medical decisions if the individual is unable to do so themselves.

3. Medicaid and Long-Term Care Planning

One of the biggest concerns for aging seniors in Ohio is paying for long-term care, which can be incredibly expensive. Many seniors need to rely on Medicaid to help cover the costs of nursing home care, home health care, and other long-term care services. Medicaid is a joint federal and state program that provides healthcare coverage for low-income individuals, including seniors.

a. Medicaid Eligibility

In Ohio, Medicaid is administered by the Ohio Department of Medicaid (ODM), and eligibility is based on financial need. To qualify for Medicaid, a senior must meet income and asset limits set by the state. Medicaid will cover a variety of services, including nursing home care, but it is important to plan ahead to ensure eligibility.

Seniors who wish to qualify for Medicaid while preserving their assets may engage in Medicaid planning. This may involve strategies such as creating irrevocable trusts or spending down assets in a way that complies with Medicaid’s rules. Medicaid planning is complex and requires careful attention to Ohio’s laws to avoid penalties or delays in receiving benefits. Consulting with an elder law attorney is critical to navigating Medicaid eligibility.

b. Long-Term Care Insurance

While Medicaid provides coverage for long-term care, it may not cover all types of care or services. Some seniors purchase long-term care insurance to help cover the costs of care not covered by Medicaid. Long-term care insurance can be used to pay for services like assisted living, home health care, and certain types of nursing home care. It is advisable to review long-term care insurance policies early in life to ensure that the coverage will meet future needs.

4. Guardianship and Conservatorship

As seniors age, they may become unable to manage their personal or financial affairs due to physical or mental impairments. When this happens, guardianship and conservatorship may be necessary.

a. Guardianship

A guardian is a person appointed by a court to make decisions on behalf of an incapacitated individual. A guardian is responsible for the personal care of the individual, including decisions about housing, healthcare, and daily living needs. In Ohio, a guardian must act in the best interests of the ward (the person under guardianship) and report to the court on their well-being.

Guardianship can be temporary or permanent, and it is typically sought when an individual is unable to manage their own personal care or make decisions for themselves. Common reasons for seeking guardianship include dementia, Alzheimer's disease, or a severe physical disability.

b. Conservatorship

A conservator is appointed to manage an individual’s financial affairs if they are unable to do so themselves. This may involve managing the individual’s assets, paying bills, and making investment decisions. Like guardianship, conservatorship is granted by the court, and the conservator must act in the best interests of the individual.

5. Elder Abuse and Financial Exploitation

Elder abuse is a serious issue in Ohio, and it can take many forms, including physical abuse, neglect, and financial exploitation. Elder law attorneys play a key role in protecting seniors from abuse and helping families take legal action when necessary.

a. Financial Exploitation

Financial exploitation occurs when a person, often a caregiver or family member, takes advantage of a senior’s financial resources without permission or through coercion. This can involve theft, fraud, or misuse of the senior’s funds. In Ohio, financial exploitation is a criminal offense, and victims can seek legal action through the courts.

If you suspect financial exploitation, it is essential to contact the appropriate authorities, such as the Ohio Adult Protective Services (APS) or local law enforcement. An elder law attorney can also help protect the senior’s assets through legal measures like guardianship or conservatorship.

b. Reporting Elder Abuse

Ohio has laws in place to protect vulnerable seniors from abuse, and individuals are encouraged to report any suspected abuse. Ohio’s Adult Protective Services investigates claims of abuse and neglect and takes appropriate legal action when necessary. Family members and concerned individuals can report suspected elder abuse to local authorities or APS.

6. End-of-Life Planning

End-of-life planning is another important aspect of elder law. This includes creating documents like living wills and healthcare powers of attorney that specify a person’s preferences regarding medical treatment at the end of life.

A living will outlines a person’s wishes for life-sustaining treatments, such as the use of ventilators or feeding tubes, if they are in a terminal condition or a persistent vegetative state. A healthcare power of attorney allows an individual to appoint someone to make medical decisions on their behalf if they are unable to communicate their wishes.

7. Conclusion

Elder law is a vital area of legal practice that provides essential protections and services for seniors in Ohio. From estate planning and Medicaid eligibility to guardianship and elder abuse prevention, elder law attorneys help seniors and their families navigate the complex legal challenges associated with aging. If you are a senior or a family member seeking guidance on elder law matters in Ohio, consulting with an experienced elder law attorney can ensure that your rights are protected and your needs are met.

Works Cited

Ohio Department of Medicaid. "Medicaid Eligibility," Ohio Department of Medicaid, 2024, https://medicaid.ohio.gov.

Ohio Bar Association. "Estate Planning for Seniors," Ohio Bar Association, 2024, https://www.ohiobar.org.

Ohio Adult Protective Services. "Protecting Ohio’s Elders," Ohio Department of Job and Family Services, 2024, https://jfs.ohio.gov.

State of Ohio. "Guardianship and Conservatorship," Ohio Supreme Court, 2024, https://www.supremecourt.ohio.gov.