What to know about hiring an elder law attourney - 2 old people sitting on a bench in a park

Hiring an Elder Law Attorney? Here’s What You Should Know

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What to know about hiring an elder law attourney - 2 old people sitting on a bench in a park

Planning for the future is a reality everyone needs to think about, especially as we or our loved ones get older. There are many challenges that seniors in Ohio can face, like managing health care costs or securing their savings. The attorneys at Jarvis Law Office can help you understand your options and make sure you and your family are protected.

Key Takeaways

  • Elder law attorneys focus on helping seniors with Medicaid planning, estate management, and legal protection.
  • Strict income and transfer limits make legal guidance vital for qualification. An elder law attorney can help you better understand asset protection, drafting legal documents, and probate proceedings. 
  • Hiring an Ohio based elder attorney will offer personalized care, local connections, and familiarity with state laws, specifically Medicaid.

9 Reasons to Hire an Elder Law Attorney in Ohio

9 Reasons to Hire an Elder Law Attorney in Ohio: 1. Protecting Assets from Nursing Home Costs 2. Creating Trusts and Wills . Avoiding Probate Delays4. Planning for Healthcare Costs 5. Appointing a Power of Attorney 6. Preventing and Fighting Financial Exploitation7. Navigating Medicaid Applications 8. Setting Up Guardianship 9. Resolving Elder Care Disputes

An elder law attorney focuses on helping seniors and their families with legal issues that come up as they age. They concentrate on areas like healthcare, estate planning, and protecting assets. Here are 9 reasons families in Ohio hire an elder law attorney. 

1. Protecting Assets from Nursing Home Costs

According to the Genworth Cost of Care Survey, nursing home care in Ohio can cost over $90,000 per year, quickly depleting a lifetime of savings. Attorneys use tools like irrevocable trusts and asset protection plans to shield your home, savings, and other assets from being drained by long-term care expenses.

2. Creating Trusts and Wills 

Attorneys assist with creating trusts and wills to help better manage assets. A Gallup Poll states that, only 32% of Americans have a will or living trust

Without drafting and establishing legally binding wills and trusts that are tailored to your needs, Ohio law will decide how your assets are distributed. Lawyers are well versed in assisting families with this process and can make certain that your loved ones are taken care of.

3. Avoiding Probate Delays

Probate is a court-supervised process of settling the estate of a deceased person. In Ohio, it can take months or even years to resolve, leaving families stressed and waiting to access inheritance. 

To reduce or avoid probate, you can proactively hire an attorney to help structure your estate, by allowing them to set up transfer-on-death deeds, payable-on-death accounts, and trusts.

4. Planning for Healthcare Costs

According to the US Department of Health and Human Services, approximately 70% of people over 65 will require some form of long-term care services during their lifetime. Working with a lawyer can help you protect your assets without depleting your savings. 

Attorneys use tools like asset protection plans to shield your home, savings, and other assets from being drained by long-term care expenses.They can also assist with establishing long-term care insurance plans and manage healthcare directives.

5. Appointing a Power of Attorney

If you become incapacitated due to illness or injury, someone needs the legal authority to handle decisions on your behalf. Attorneys can preemptively draft durable power of attorney documents for both healthcare and finance related needs. This allows that a trusted person is legally allowed to act in your best interests when you can’t.

6. Preventing and Fighting Financial Exploitation

Scammers will often target seniors with fraud schemes, causing many to lose significant amounts of money. An attorney can take legal action to recover those stolen funds and set up financial safeguards to protect seniors from exploitation by relatives, caregivers, or scammers.

7. Understanding Medicaid Applications

Ohio’s Medicaid eligibility rules are complicated and strict. Without proper planning, you could be forced to spend most of your assets before qualifying. A skilled attorney would help to protect as much of your savings as possible and properly guide you through the application process.

8. Setting Up Guardianship

If a senior is unable to make decisions for themselves, a guardianship may be needed for their care and safety. Skilled lawyers will guide families through the legal process of establishing guardianship, meaning the senior’s needs are prioritized while following Ohio’s court requirements.

9. Resolving Elder Care Disputes

Disputes often arise over elder care decisions, inheritance, or nursing home conditions, creating stress and conflict for families. Elder law attorneys act as mediators or legal representatives to resolve disputes fairly. They can also take legal action if care facilities violate a senior’s rights.

Why Work With an Ohio-Based Elder Law Attorney?

Working with an Ohio-based elder law attorney means you’re not just getting generic advice. Instead, you’re getting personalized solutions tailored to Ohio laws and your unique situation.

Familiarity with Ohio Medicaid Rules

Ohio has unique Medicaid eligibility requirements, including income and asset limits. For 2025, individuals seeking Medicaid long-term care in Ohio must have a monthly income below $2,901. If income exceeds this limit, they may need to create a Qualified Income Trust (QIT) (also called a “Miller Trust”) to qualify.

Understanding Local Probate Laws

Probate processes vary by state, and Ohio has its own set of procedures and deadlines. Ohio also allows simplified probate procedures for faster settlements if the estate’s total value is less than $35,000 (or $100,000 if all assets pass to the surviving spouse). 

These thresholds are governed by Ohio Revised Code (ORC) Section 2113.03. Hiring a local attorney who is familiar with Ohio state laws can help you handle your probate proceedings with efficiency.  

Connections with Local Courts and Agencies

A local attorney has relationships with Ohio’s probate courts, Medicaid offices, and long-term care facilities. They also provide a network of resources, such as financial planners, healthcare providers, and senior advocacy groups in Ohio. These connections can speed up processes and provide insight into how to handle unique cases.

Accessibility for In-Person Consultations

When planning sensitive matters like healthcare or wills, a face-to-face conversation can make a big difference. A local attorney is close by, making it easier for you to consistently touch base and build trust.

Take the Next Step Today

Schedule a consultation with our qualified Jarvis Law Office elder attorneys, who are skilled in Ohio laws. They’ll guide you through Medicaid planning, estate preparation, and other critical decisions.

  • Phone: Call us today at (740) 721-3158 to schedule a free consultation.
  • Online: Contact us to learn more about our services or book an appointment online.
  • In Person: Stop by our office to discuss your needs face-to-face with one of our attorneys.

Don’t wait to secure your family’s future. With the right guidance, you can handle legal challenges confidently and focus on what matters most. Reach out today!

Client Testimonials

David Dinning

October 7, 2024

Very helpful. I would recommend them – I have used them and am very satisfied.

Competent, knowledgeable, friendly lawyers, who are willing to listen to your needs and personalize documents for your situation

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August 22, 2024

Great webinar with important information.

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July 19, 2024

Nicole S. and Kirsten A. have been a pleasure to work with.

Danielle W

July 19, 2024

I highly recommend Jarvis Law. They are professional, kind and very helpful.

Victoria Akers

July 19, 2024

This place is really good at what they do!

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