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”?

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?

“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

Affordable Care Act Litigation Update

The Patient Protection and Affordable Care Act (PPACA) was signed into law by President Barack Obama on March 23, 2010.  Since the PPACA's enactment, a number of states and interest groups have filed lawsuits challenging the PPACA's constitutionality. While lawyers went to work challenging the PPACA's constitutionality in Federal Court, some members of the Ohio … Continue reading Affordable Care Act Litigation Update