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?

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.

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.

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

You Ain’t Atlas – Caregiver

Being a Caregiver to a Family Member with Clinical Mental Illness I don't know if it was because it was my mom, or if it was my Super Man complex (not actually a thing) coming into play, but when I got the call mom was in the Emergency Department, I immediately went into fix-it mode.  … Continue reading You Ain’t Atlas – Caregiver

My Baptism – Caregiver Journey

A brief anecdote of how my journey as a caregiver to a family member with mental illness began It was the summer after my sophomore year of college when I found out my mother had a clinical mental illness.  I was sound asleep when the phone rang. "Is this Chris Murphy?" asked an unfamiliar voice. … Continue reading My Baptism – Caregiver Journey

This thing still work?

It's been almost five years since I wrote on this here blog.  Handled a couple thousand matters - found a good friend to practice law with and have assembled an outstanding staff of good folks. My practice is generally geared towards business and healthcare providers, license holders, permits, small businesses, etc.  Those are the clients … Continue reading This thing still work?

Selling Your Home? Be Sure to Disclose Any Known Issues.

In Markel v. Wright, 2013-Ohio-5274, Brooke Markel, the Plaintiff, sued the former owners of her home after encountering moisture in her basement.  To remedy the wet basement, the Plaintiff spent $16,500 to waterproof the basement. Prior to selling the home, the Wrights, the former owners and Defendants, properly disclosed they had previously encountered moisture in the basement, … Continue reading Selling Your Home? Be Sure to Disclose Any Known Issues.

Attachment of GPS Device Without Warrant Violates 4th Amendment

In State v. Sullivan, 2013-Ohio-5276, the Fifth District Court of Appeals tackles whether it is constitutional for law enforcement to attach a GPS monitoring device to a suspects car without a search warrant.  In short, law enforcement believed the suspect, Montie Sullivan, was involved in a series of home invasions. Due to limited government resources, law enforcement … Continue reading Attachment of GPS Device Without Warrant Violates 4th Amendment

Court of Appeals Upholds Contractual Rate of Interest

The Fifth District Court of Appeals has rendered its decision in Phoenix Fin. Solutions, Inc. v. Jackson, 2013-Ohio-5280. In this case, the Defendant entered into a promissory note for the purchase of a motor vehicle. The Defendant defaulted on his payments resulting in the automobile being repossessed and a deficiency on the promissory note. The … Continue reading Court of Appeals Upholds Contractual Rate of Interest

“But I’m the power of attorney” — Good for you

I am not sure who to blame for this.  Perhaps it is the fault of lawyers who fail to properly advise clients when a power of attorney is signed.  Or, maybe what I am seeing is the result of the information age where forms and documents are readily available and people do not realize they don't … Continue reading “But I’m the power of attorney” — Good for you

Changes to Ohio’s Statute of Limitation for Written Contracts

The Ohio Legislature was busy this year bringing about many changes to the Ohio Revised Code; however, few changes are more important to service providers and lenders than the changes brought about by S.B. 224. Historically, R.C. 2305.06 provided a fifteen (15) year statute of limitation for the commencement of a legal action on a … Continue reading Changes to Ohio’s Statute of Limitation for Written Contracts

Power of Attorney Does Not Permit Self-Dealing

A power of attorney is a document signed by a principal that empowers another person, an agent or attorney-in-fact, to perform acts on behalf of the principal.  There are some key limitations to what an agent or attorney-in-fact may do on behalf of the principal. First and foremost, a power of attorney is only valid … Continue reading Power of Attorney Does Not Permit Self-Dealing