When I was younger, my family and I went to Cocoa Beach, Florida every spring to visit my grandparents at their “Winter Home.”  My grandparents were always so tan and happy from days spent fishing or riding their beach cruisers on the beach.  I remember how great it was to go to the beach every day and visit the Ron Jon Surf Shop.  My favorite part of the trip was going to Sunrise Service on the beach for Easter, even though getting three small children up and ready at that hour couldn’t have been easy for my parents and grandparents!

Through my work at, I have seen many clients being forced to sell their “Winter Home” and thus, depriving themselves and their families of the enjoyment that I experienced in Florida every year.  However, I have learned, through my work with Cooper, Adel and Associates, that there are ways to protect your “Winter Home.”

By Dolly Wilkerson

Have you jumped the fence into Middle Age? We may grow wiser with years thanks to lessons we learn, but maybe not as quickly as we used to. Words and names flow to the tip of the tongue and then evaporate there at the most embarrassing moments. It’s frustrating and we all suffer from it, some more then others. A recent study called “Age of Reason” states that our mental sweet spot occurs at the average age of 53. 

Preparing for retirement is only a small part of the picture. You have to prepare for the unfortunate reality that at some point, your thinking is going to diminish and your ability to make sound decisions that affect you and your family will also suffer. It is only common sense that you begin the planning early and revisit it often.

Four steps that are recommended include:

• Get your documents together: starting with a durable power of attorney (POA). Other documents should include an up to date will, health care POA, and current beneficiary forms just to name a few.

• Know someone who can give you a second opinion: This could be a responsible adult child, a capable friend you’ve known for a long time, a trusted financial adviser, or an elder law attorney specializing in these matters.

• Read the fine print: make sure the annuity or the financial instrument you are considering purchasing actually covers the long term care you are interested in. In a recent case in Westwood, NJ a daughter, whose father suffered from Alzheimer’s and was living in an assisted living facility tried to exercise the waiver on the annuity he owned. The insurance company turned her down citing that it waived fees only for those living in “nursing homes”.

• Give your adviser a back door way of protecting you: Most advisers and elder law attorneys will ask for an “incapacity letter”. It allows the professional to alert a designated person if mental decline becomes apparent in the normal course of doing business.

The toughest part of all is knowing when to sound the alarm. Linda Patchett of Chapel Hill, NC, gets it right when she says “Within each person rages the tension between maintaining independence and self-hood and recognizing deficits”. Age 60, she says, is “a very good time to bring the issues of aging into sharper focus.”

Ref: AARP Magazine, January-February 2012, “Your Money / Financially Speaking / Sound the alarm if you’re not as mentally sharp as you once were” 

By: Attorney Nathan Simpson

In my job as an Elder Law Attorney, I have the pleasure of seeing clients in three different offices: Sidney, Wilmington, and Monroe.  Because of this, I spend a lot of time on the road traveling between offices.  

On these long drives I mostly listen to the news on the radio.  Everyday I hear about chaotic financial markets, the European debt crisis, and pundits wondering when the next crash will come.  So many hard working Americans are struggling to get by, and many elderly persons are struggling to preserve what remains of the assets that they spent their whole lives working so hard to accumulate.  

It makes me glad that I work in a field that allows me to help clients preserve their assets.  Even with the news is full of stories about programs for seniors being slashed and markets coming down, taking average people with them, there are still ways that you can protect what you worked your lifetime to accumulate.  You can protect yourself against rising taxes and healthcare costs coming at the same time as declining markets.  By working with an Elder Law Attorney, you can create a plan that goes beyond simple wills, and is a life plan, to help protect you and your family from whatever comes your way. 

By Kathy Cooper

Recently, I came across an article about outrageous lawsuits that made me think about why we all might want to have Legacy Trusts for our kids.  I should mention that Thom and I have them for our two girls and here’s the reason: People sue -  and sometimes win – ridiculous lawsuits.  Just to name a couple from the article:

• The kids who sued their mom for “bad mothering” because they received empty birthday cards
• The photographer who was sued by an man, already divorced, who never received the last 15 minutes of video from his wedding

The list goes on.  Of course we all remember the lady who sued McDonald’s when she spilled hot coffee on her lap.

Legacy Trusts are not for everyone, and you need some good elder law advice to determine if they are right for your kids.  One of the powerful features about these trusts is that they can protect the inheritance you leave for your children from this type of pernicious lawsuit.  

Read the article here: The 5 Most Outrageous Lawsuits of 2011.  Call us at Cooper, Adel and Associates if you want to discuss how to protect your family from the crazies!

(FYI – Here’s the article …)

The 5 Most Outrageous Lawsuits of 2011

By Cynthia Hsu on January 5, 2012 6:02 AM 

Americans are litigious. We certainly like to enforce our legal rights. We also like to make sure somebody pays up when they wrong us. Some of the most outrageous lawsuits of 2011 include sex, crime, and flying body parts.

Below is our compilation list of FindLaw's top 5 weirdest — and wonkiest — lawsuits to hit the news:

5. Tourist Sues Hooker for Leaving ½ Hour Early

College student Hubert Blackman was in Las Vegas. He decided to party it up by ordering a "stripper" from Las Vegas Exclusive Personals. The stripper came, gave him a lap dance, and performed a sex act on Blackman. She also left a half an hour early. Blackman then sued the company for a $275 refund and $1.8 million for the "tragic events" that took place.

4. 'Bad Mothering' Lawsuit: Kids Sued Mom over Empty B-Day Card

Attorney Steven A. Miner helped his kids file a lawsuit against his ex-wife for being a "bad mother." The kids said that they were subjected to empty birthday cards, clothing budgets, seat belts, and their mother's "forgetfulness."

3. Man Sues to Recreate Wedding Photos of Failed Marriage

New Yorker Todd Remis sued his wedding photographer for missing out on the last fifteen minutes of his nuptials. He sought damages to recreate his wedding. The kicker: he was already divorced. He also didn't know where his ex lived.

2. Man Killed by Train is Sued: Flying Body Parts Injured Woman

Illinois woman Gayane Zokhrabov filed suit against the estate of a deceased man. The deceased 18-year-old had died after getting hit by a train. After he was hit, parts of his body went flying — injuring Zokhrabov. She sued over her injuries.

1. Kidnapper Sues Hostages for Breaching 'Contract' to Hide Him

The most outrageous and strangest lawsuit to come out of 2011 might be this one. A convicted kidnapper in Colorado sued his former hostages for breaching an oral contract to hide him when he was a fugitive. He sought damages to compensate him for injuries incurred during his arrest.

By Carmen Potterton

When is the right time to start estate planning? Now, it’s never to soon to “get your ducks in a row”, no matter your age or financial status. No one likes to talk or think about what is going to happen when they die but if you don’t, someone else will be left to make the decisions you should be making yourself. 

Estate planning can be as simple as a Last Will and Testament, Powers of Attorney, and Healthcare Documents or it could involve numerous Trust and/or financial products. Don’t let someone else decide who will be guardian of your minor children, who will make your healthcare decisions, or determine who receives what when you die. Contact Cooper, Adel & Associates for a free consultation. 

I am the proud daughter and granddaughter of United State Veterans. My grandfather served as a medic in the U.S. Army during World War II and my father, pictured to the right, served on a carrier in the U.S. Navy during the Cuban Missile Crisis. My niece and nephew are also carrying on the proud tradition of serving our county in the Army. I am also very proud to say that I work for a company that assists veterans in qualifying for VA benefits that they so rightly deserve. 

By Mitch Adel

What are your new year’s resolutions this year? Are your resolutions, like most of us, focused on spending less and saving more? Unfortunately, that can only take you so far. There is so much attention given to small financial worries that many seniors neglect larger issues that can have a significant impact on their lives and their families. Now is the time for you and your loved ones to think about the big picture, to take steps to protect your assets and to start 2012 off on the right foot.

1. Take advantage of state and federal programs to help pay for medical care, prescription drugs, at-home care or nursing home care.

Seniors have access to a multitude of state and federal programs, but many do not take advantage of them because they don’t know they exist or they don’t know how to enroll. In the realm of health care alone, ensuring coverage for pre- scription drugs and utilizing programs that pay for at-home care can significantly impact your monthly finances.

Most Ohioans can utilize Medicare Part D to help pay for prescription drugs, and your local State Health Insurance Assistance Program (SHIP) can point you toward the best overall coverage. There are a lot of options, so it’s important to take the time to find the best one for you and your family. It also may make sense to work with a professional with a thorough understanding of the possibilities and drawbacks of each program.

Nursing home care can be even more burdensome—as Medicare pays for only the first 20 days before requiring co-payment. To qualify for any coverage, there also must be a prior 3-day hospital stay. With average Ohio nursing home costs at more than $6,000 per month and all healthcare costs spiraling upward, it’s critical to have a plan to use all of the resources at your disposal to keep expenses from affecting your savings.

2. Make sure you have a comprehensive strategy to protect your assets from taxes and probate.

While clipping coupons can make a dent in your weekly grocery bill, ensuring that your savings are secure can make a much bigger long-term financial impact for you and your family. Tax planning and estate planning are part of a comprehen- sive approach to protecting your finances and your future.

Tax laws are changing dramati- cally in 2013 with many rates going up. While standard tax advice would encourage deferring payments into the future, the prospect of higher rates in 2013 means that, in many cases, you may want to pay now rather than later.

Probate costs are another way your family can lose assets if you don’t plan ahead. It’s critical to understand the limitations of having a will as your only planning strategy. With only a will, you’ll likely face the poten- tial problems of probate—including high costs and inevitable delays. For many families, planning with different types of trusts and gifting strategies can ensure that your spouse and children receive what they need without the hassles and fees of probate court. These tactics are not only for the wealthy— it may be even more important to the average farm family, for example, who may be land rich but cash poor.

3. Stop worrying about your finances and start enjoying retirement.

The most important reason to plan is so that you can stop worrying. If you know your assets are secure—that your spouse will have enough to live on when you’re gone, that you’ll be able to pass something along to your kids—then you can focus your energy on the most important part of retirement: making these years great. Start thinking bigger and planning now to make 2012 the time you started truly enjoying your golden years. That’s a resolution we’d all like to achieve—and you can.

By Megail Gaumer

Even as we start a new year with good intentions of keeping our New Years resolutions, realistically how often does that really happen?  While the some of the most made resolutions include losing weight, getting fit or quitting smoking what about your legal & financial health?  Now is the time to take a look.  

• Do you have your legal documents in order to protect yourself and give your family guidance should something happen to you?  
• Are your beneficiary designations set up as they should be?   
• Are you receiving all public benefits, such as Veterans’ benefits, for which you may be entitled?  
• Could you lower your income taxes by adding additional money to your IRA, or what about a college savings plan for a child or grandchild?  

Start 2012 off on the right track and get your ducks in a row.  Contact our office for a free legal and financial health checkup.  

By Jess LoPiccolo

Working at an Ohio elder law attorney's Office, and dealing with Medicaid Estate Recovery, I see and learn a lot. Yesterday, one of our attorneys settled a case with the State that saved our client over half of what the State proposed they pay. Today, we took on a new case in which the State is asking the family to pay $77,000 to pay off an estate recover lien on a property. 

I should probably fill you in a little bit about what Medicaid Estate Recovery is. It is the when the State of Ohio tries to recover monies that were paid out for the long term care of individuals by Medicaid. The State can recover any asset that is in the decedent’s name at the time of their death. If you know anything about Medicaid, you would know that to be eligible for Medicaid, your resources must be below $1,500, so you might assume that the State won't be able to collect too much money back, but you would assume wrong. When there is property involved, it needs to be set up by an attorney who specializes in Elder Law. 

Whether you are trying to pre-plan to avoid estate recovery or you have received a letter from the Ohio Attorney General's office demanding payment, here at Cooper, Adel & Associates, we have an attorney who can help you determine the options that may help your particular situation.

By Brooke Curtis

The new location for Cooper, Adel and Associates is now open in Wilmington, OH. It is a great location as the capital of Clinton County. Plus it is centrally located between Cincinnati, Columbus and Dayton. For our potential clients to the east it makes for an easier commute. Wilmington is the place that I have called home for the 25 years of life. It is a small community based on faith and family. I am happy to be a part of this new addition to Cooper, Adel and Associates. 

For some who do not know, Wilmington was the former home of DHL that recently relocated to Cincinnati. The town was forever changed by the loss of a major economic contributor but has bounced back slowly. Wilmington recently hosted the filmmakers and cast for the movie Avengers, taking this small town to the big screen for a second time. Wilmington was also featured in the book “The 100 Best Small Towns in America” published in 1993 praising the location, environment and quality of life. What a great place to live and bring a business!

If you live around Wilmington, consider attending a free information seminar about how elder law can help you preserve and protect your assets.