Dayton Ohio Elder Law – Wills, Trusts, Elder Abuse

Elder law deals with the issues faced by the elderly—the fastest growing segment of the U.S. population—including statutes, regulations, and decisions, which have an impact on the lives of older Americans and their families. This area of law combines elements of:

• Estate planning
• Wills and trusts
• Conservatorship/guardianship
• Healthcare planning
• Medicare/Medicaid planning
• Elder rights
• Criminal law, including
  • Elder abuse/Financial abuse of elders
  • Fraud and other consumer protection issues
  • Nursing home abuse
  • Nursing home impoverishment
  • Nursing home neglect

The Omnibus Budget Reconciliation Act of 1993

The Omnibus Budget Reconciliation Act of 1993, requires all states to pursue estate recoveries against decedent's estates. Ohio implemented its estate recovery program in 1995 pursuing only the probate estates of decedents. Due to budget short falls, the estate recovery process has now become much more aggressive through underlying changes in the law and policy.

As part of the state budget bill passed on June 30, 2005, Ohio now has authority to place a lien on the assets of a Medicaid recipient or the recipient's spouse. The effect of House Bill 66 is that Ohio joins about 14 other states in adopting an expanded definition of estate—and just the second state to adopt the most expansive definition permissible under federal law. So, whereas previously only the assets of the Medicaid recipient passing through probate was subject to recovery by the state, now any asset in which the individual had an interest at the time of death may be recovered by the state. This may include your house, life insurance, and annuity benefits, survivorship accounts, and trust assets. And, unlike other states, Ohio's statute did not expressly limit the expanded recovery to the future. In Ohio may attempt to recover resources retroactively.

Fortunately, the federal law provides that no recovery may be made while the individual's spouse, child under 21, or disabled child is alive.

The new law also requires liens be placed on real property of a Medicaid recipient who is permanently institutionalized and against the real property of the recipient's spouse.

However, no lien may be imposed if the one of the following persons lawfully resides in the home:

• Recipient's spouse
• Child under 21
• Disabled child
• Sibling who has an equity interest in the home and who resided in the home for at least one year immediately before the date of the recipient's admission to the institution