Getting to Know the Basics of Medicaid

Getting to Know the Basics of Medicaid
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65 and Older: Applying For Medicaid In Ohio

medicaid community spouse estate planning long-term health carMedicaid is a federal and state program that provides long-term health care for those age 65 and older who meet certain income and asset requirements. Medicare is a federal health insurance program available for anyone age 65 or older regardless of income or asset level but does not cover long term care. Thus, if a senior needs long term care, they pay for it from their own resources until they reach a level qualifying them for Medicaid eligibility, at which time Medicaid takes over and pays the long-term health care  facility’s bill going forward. The basic rules are as follows. All numbers are Ohio Medicaid figures for 2022.

An individual applying for Medicaid must satisfy an income eligibility test. The applicant’s eligibility must not exceed $2,523 per month. If the applicant is married, the applicant’s spouse’s income is not counted. Also, the non-applicant spouse may be entitled to a minimum monthly maintenance needs allowance (MMMNA). If the applicant would otherwise qualify for Medicaid other than failing the income test, they can set up a qualified income trust (QIT), … Read More... “Getting to Know the Basics of Medicaid”

Blast From The Past: The Value and Benefits of Signing a Consent Agreement in an Ohio Domestic Violence Case

Blast From The Past: The Value and Benefits of Signing a Consent Agreement in an Ohio Domestic Violence Case
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PUBLISHER’S NOTE: This blog about Consent Agreement is as meaningful today as it was when we originally posted it on November 11, 2022! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

What is a Consent Agreement in a Civil Protection Order (CPO)?

consent agreement domestic violence protection orderA Consent agreement in a civil protection order occurs when the parties agree upon the terms of the protection order. If the parties are able to agree upon the terms of the protection order , then there is no need for a finding of domestic violence nor is there a place in the Consent Agreement form to include a finding of facts. In a Consent Agreement , the accused is not admitting or denying that an act of violence ever occurred. The accused is simply agreeing to follow the terms of the civil protection order. Typically, one of those terms is that the respondent agrees to stay away from the petitioner.

What are the advantages of signing a Consent Agreement?

There are many benefits to … Read More... “Blast From The Past: The Value and Benefits of Signing a Consent Agreement in an Ohio Domestic Violence Case”

Ohio’s Funeral Laws to Change in Mid-September: Here’s What You Need to Know

Ohio’s Funeral Laws to Change in Mid-September: Here’s What You Need to Know
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Preneed Funeral Contract Reforms Come To Ohio

Ohio Funeral Laws Set To Change – How This Impacts The Preneed Funeral Contract

preneed funeral contract ohio funeral laws“Not only is S.B. [Senate Bill] 224 a business-friendly proposal, but it is a consumer-friendly proposal,” states State Senator Jerry Cirino, who sponsored the bill.

On March 16, 2022, the 134th General Assembly passed a bill containing several reforms to Ohio’s funeral laws. While S.B. 224 covers several reforms to funeral laws, the three most important are as follows: (1) reforms to preneed funeral contracts, (2) reforms to ID tags for cremated remains, (3) reforms to unclaimed crematory remains when a funeral home permanently closes, and (4) changes to funeral procedures. To discover what other interesting changes S.B. 224 will implement to funeral law, click here to read the full bill.

1. Reforms to Preneed Funeral Contracts

What is a Preneed Funeral Contract?

S.B. 224 mentions preneed funeral contracts, but what is a preneed funeral contract? Simply put, a preneed funeral contract is a contract for certain funeral services or goods that are paid for by someone prior to their death. A preneed funeral contract … Read More... “Ohio’s Funeral Laws to Change in Mid-September: Here’s What You Need to Know”

June is Men’s Health Month – Don’t Forget to Take Care of Your Health During a Divorce!

June is Men’s Health Month – Don’t Forget to Take Care of Your Health During a Divorce!
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Should You Make Your Health A Priority After A Difficult Divorce?

Men's Health Month divorceDid you know that June is Men’s Health Month? During a difficult separation and divorce, men often do not make their health a priority, however they should. Here are some ideas on how to do that.

Be sure to get enough exercise. It doesn’t mean you have to take out an expensive gym membership. If you do have a gym membership and enjoy it, by all means go. If the gym isn’t your thing there are lots of ways to incorporate exercise into you daily routine. Playing with your kids at the park, going for a walk, doing jumping jacks or push ups, taking the stairs instead of the elevator are just some simple ways to incorporate exercise. Any type of movement will help both your body and mind. Just get moving!

Definitely pay attention to what you are eating. It is easy to resort to fast food because you are busy and it is quick, but try to limit how often you do this. Be mindful of what you are eating, and try not … Read More... “June is Men’s Health Month – Don’t Forget to Take Care of Your Health During a Divorce!”

Do People Who Dated in College and Then Marry, Divorce at the Usual Rate?

Do People Who Dated in College and Then Marry, Divorce at the Usual Rate?
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Can College Relationships Lead to Happy Marriages? Studies Prove Revealing Data

college dating divorceGoing off to college is an exciting time for a young person. Although academic success is the goal for most students, just as important to a student’s college experience, is joining the dating world. It brings a sense of belonging as well as physical and emotional satisfaction. Many relationships made during the college years fall apart quickly, although many remain strong during college and after graduation. It is interesting to study the research and statistics to see why some relationships last, yet others quickly crumble. I saw an interesting article on this topic written by Natalie Maximents on March 21, 2022. She is a certified life transformation coach and her post started me as a divorce lawyer looking into this question in a bit more depth.

Generally speaking the college years are a time for experimenting. It is a time when an individual with develop their attitude and outlook towards social relationships, and form their life values.  It is a time for learning how to interact with others in a variety of circumstances. When a student … Read More... “Do People Who Dated in College and Then Marry, Divorce at the Usual Rate?”

Concerned About A Loved One Being Mistreated in a Nursing Home in Ohio? A New Ohio Law Might Help!

Concerned About A Loved One Being Mistreated in a Nursing Home in Ohio? A New Ohio Law Might Help!
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Elder Abuse Law Passes In Ohio. Esther’s Law (Senate Bill 58) Goes Into Effect

Ohio Senate Passes New Bill Permitting Family Members To Install Cameras In Effort To Catch Elder Abuse

elder abuse nursing homeIn March of 2022, the Ohio Senate passed Bill 58. This bill permits family members to install cameras in nursing room homes in order to protect the welfare of their loved one. The name of this law is Esther’s Law, and it came about after 10 years of advocacy by Steve Piskor, an Ohio man who has fought tirelessly for this right to be given to families. Piskor’s mother, Esther Piskor had dementia, and was living in a nursing home in Cleveland. Due to her condition she couldn’t tell Steve what was going on, however he suspected that she wasn’t getting appropriate care. Wanting to monitor what was happening when he wasn’t there, he installed a hidden camera in her room.

Unfortunately, the camera confirmed his suspicions. He observed a great many incidents of elder abuse. Esther’s basic needs were not being tended to. She was verbally abused by aides, handled roughly, had liquids sprayed … Read More... “Concerned About A Loved One Being Mistreated in a Nursing Home in Ohio? A New Ohio Law Might Help!”

MEDICAID TRUSTS-WHAT ARE THEY?

MEDICAID TRUSTS-WHAT ARE THEY?
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A Medicaid Trust Protects Assets if you Have to Enter a Long Term Facility for an Extended Period of Time

medicaid trust capital gains taxThere are a number of different trusts available to address different situations. Trusts can be testamentary trusts created out of a will or separate stand-alone trusts known as intervivos trusts or commonly called revocable living trusts. Some trusts are created to avoid the probate process. Others are created to provide estate tax savings. Still others are created to avoid special need beneficiaries from losing need based assistance benefits such as Medicaid or SSI. Another type of trust is commonly known as a Medicaid Trust to protect assets in case the maker has to permanently enter a long term care facility in the future. A short overview of such a trust follows.

AN OVERVIEW OF MEDICAID TRUSTS:

Medicaid is a federal need based program to provide financial long term care benefits to those who have exhausted all of their assets. Medicaid also currently has a “look back period” of five (5) years, which basically means that if you give anything away less than five years before you apply … Read More... “MEDICAID TRUSTS-WHAT ARE THEY?”

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