I moved mom into an elderly retirement community with nursing care about three months ago. It was the best decision I have ever made for myself, and for her. She was probably calling me 30-40 times per week, now she is averaging 2-3. She has gone from being clinical for three months, to now stay … Continue reading Three Month Update – Caregiver
Distribution of Assets from Decedent’s Estate
Who gets paid from an estate when someone dies?
Guardianship – what is it?
A guardianship is a legal action that is filed in the probate court. The issue for the court to decide is whether or not the person in question, the proposed ward, is in need of a guardian, and, if so, who should serve as the legal guardian? While these actions are common in cases of … Continue reading Guardianship – what is it?
How to deal with liars
We all deal with them. Folks who have zero compunction about lying. And, if you confront them about it, guess what? They'll lie more, blame you, or further complicate the matter. So what do you do? Document the file. And this can be done in a variety of ways. For lawyers, we document the file … Continue reading How to deal with liars
Which pool are you in?
Sure. Anyone can start a business. Statistics indicate that the vast majority of them will fail inside of a year. Starting a business takes a lot to be successful - creativity, discipline, energy, intelligence, ingenuity, grit and last, but certainly not least, a sense of humor. The one trait, above all, that seems to be … Continue reading Which pool are you in?
What makes a Power of Attorney “durable”?
Fair question. The answer, very logical. A "durable" power of attorney must be printed on 40lb bond paper. No, that's not what makes it durable, I swear, this stuff is funny - to someone (okay, maybe just me). A Power of Attorney document is based entirely in agency law. Rule One of agency law - … Continue reading What makes a Power of Attorney “durable”?
The Gap After Clinical Care
The 1950's and 1960's saw the de-institutionalization of patients suffering from mental illness. Why is that? Well two things: 1) Due to the lack of institutional oversight, the institutions themselves were wrought with problems and cases of patients being abused; and 2) the Civil Rights Movement. A person diagnosed with a mental illness hasn't committed … Continue reading The Gap After Clinical Care
Knowing when to stop the dialogue.
Whether it is at home, in litigation, or in a negotiation, there are moments in life where continuing to communicate will push you further from your goal. Knowing when to stop the communication requires some intuition and experience. A feel for whether you can convince the other side to "see the light." No matter how … Continue reading Knowing when to stop the dialogue.
“I’m starting a business!” – Do I need an attorney?
If you're starting a business, the first thing you need is not an attorney. What you really need is a viable business model.
A word about LLCs
"I'm protected, I have a LLC." I've heard it a thousand times. As a lawyer, it frustrates me to no end. I don't want to burst anyone's bubble, but filing a LLC, alone, does nothing to protect anyone from anything. Why is that? The idea behind a limited liability company is that is a separate … Continue reading A word about LLCs
Finally had the conversation – you aren’t going home.
I finally had the conversation with my mom that I had been fearing. Mom had been clinical from October until December - literally three months in a row. She'd have a month long hospitalization, then she'd be discharged. Within a week, she'd be pink slipped again. I just kind of kept my hands off the … Continue reading Finally had the conversation – you aren’t going home.
Changing the Statute of Limitations – Again?
The Ohio Legislature is busy reviewing and revising the statute of limitations for contracts. Again. Service providers and lenders, listen up. R.C. 2305.06, provided a fifteen (15) year statute of limitations to bring a civil action to enforce the rights of a written contract, but this law was changed by the 129th General Assembly when … Continue reading Changing the Statute of Limitations – Again?
Home Improvement Contracts
The matter I hate the most? When a homeowner calls reporting problems with a contractor. Why? There is only so much I can do before the cost of my services are going to outweigh the remedies or benefits that are available to the homeowner. Why is that? It's situational. Sure, I can file a lawsuit … Continue reading Home Improvement Contracts
Make your life easier – hacks for being a caregiver
Here are a few things that have made my life easier as a caregiver: Code locks on family member's home - I hate when I've needed to get into mom's house, but can't because I left her keys at home. A code lock has vastly improved my life in that I don't have to go … Continue reading Make your life easier – hacks for being a caregiver
Reminder – New Year, New Statutory Interest Rate
Just a reminder as we are at the beginning of 2019... The Ohio Tax Commissioner set the statutory interest rate on judgments to 5%. Make sure your motions and entries reflect this change.