A friend is facing the prospect of having to consider assisted living for her mother. “Mother” is friendly, enjoys people her age, and although she loves all five of her grandchildren she does not want to live with them. She wants to remain at home but, because of dementia, she needs a “memory care” facility. She finally agreed to other living arrangements after forgetting about a pan of food frying on the stove and nearly burned her house down.
Addressing these issues before there is an immediate need for assisted living is preferable because an elder law attorney can work with you to qualify for Medicaid without losing much of what you own. To qualify for Medicaid you must have no more than $1,500 in assets. What you have, after considering exempt assets and other factors, must be “spent down.” Taking this journey without an attorney is, in this attorney’s opinion, a poor decision. Many people who decide to apply for Medicaid sell their home, mistakenly believing it will be taken–it is typically an exempt asset. Unfortunately, then, the proceeds from the sale of the home (an asset that was previously exempt) are then a countable asset which will increase the amount you must spend down.
Takeaway: if a loved one will be entering a nursing home or assisted living facility, and will need to apply for Medicaid, consult with an elder law attorney. The money you pay for the attorney’s counsel will likely not come close to the money and assets you will protect if applying for Medicaid.
…are not as strong as in other states. Custody and visitation are both permitted but both are very different in difficulty to obtain.
In Ohio for a grandparent to get custody of a grandchild, the child’s parents need to be proven unfit or unsuitable to parent. This is a difficult obstacle to overcome and prove but can be done. The court will make its decision of “unsuitability” based upon whether custody with the parent has an adverse impact on the child. The court will not base its decision on whether society disapproves of the conduct of the parent–if there is no adverse impact on the child, there might be no finding of “unsuitability” of the parent.
Visitation is a different journey. If a grandparent has had an active and involved role in a child’s life, there is a good chance that a grandparent can petition successfully for visitation rights in Ohio. In fact, Ohio permits grandparent visitation, by statute, in three circumstances:
- when married parents separate or terminate their marriage;
- when a parent of a child is deceased; or
- when the child is born to an unmarried woman.
Grandparents can ask a court for visitation even after the parent’s divorce is final. Regarding visitation, the court will make its decision based upon what is the best interest of the child.
The takeaway here is to act quickly. Contact an experienced family law attorney in your state if you want to pursue custody or visitation rights with your grandchild.
You finally have a vacation planned, and your parents will be watching the kids. Everything on your To Do list is done, but I bet there is one thing that you did not have on your list–have a medical power of attorney prepared. (If you have had one prepared, then my apologies for doubting you.)
What happens when your child is injured or sick and requires medical attention when you are not there? If you are in Hawaii, and your parents are watching your children in Ohio, and consent is required to treat your sick or injured child, what is the fastest route for obtaining that consent? It might not be calling you, or otherwise tracking you down, especially if you are snorkeling or on a helicopter getting a tour of the islands from the air. The fastest route to getting your child treated at the hospital is for Grandma or Grandpa to pull out the medical power of attorney that you had prepared and gave to them, naming them as agents to make medical decisions for your child.
Things to consider include any treatment you object to, how long the document should be in effect, and perhaps successor agents just in case your primary agents (here, Grandpa and Grandma) could not serve.
Have your attorney prepare a medical power of attorney for you so that it complies with your state’s laws. Having one prepared provides true peace of mind.