Category Archives: Elder Law

WHEN YOU NEED AN ELDER LAW ATTORNEY WHO SHOULD YOU CALL?

 

By Mary Roberts

 

The most stressful times in our lives are those when we are sick or a loved one is seriously ill or they pass away.  The first thoughts are: Who can I call?  Where can I turn for help?  This is the time when anyone who is prepared will know how blessed they are to have gotten their affairs in order and have the security of knowing someone who can and will assist them in this time of need.

 

Elder law attorneys are like doctors.  We need someone that is not a stranger but has talked to us and counseled with us to prepare for this time in our life. It makes the hard times more stressful when we suddenly realize that the time has come when the services are needed and we are not sure where to turn for help and worst of all we realize nothing has been done to prepare.  When we have an attorney we have spoken to, who understands our financial situation and who has prepared, with us and for us, we can calmly face the tasks at hand. 

 

The words of Thom Cooper to every client are:  When something happens with your loved ones, call our office.  We will be there to help you.  It is comforting to know who to call and have that card in your purse or billfold.  There is a sense of peace in knowing that someone cares and wants to help when we are suddenly traumatized by the loss or sudden illness of someone we care for so deeply.

 

Peace and comfort in the hard times is what we all strive for.  If you haven't planned for this time in your life, it is my hope that this writing will inspire you to do so.  Remember, we make the best decisions when we are well and thinking clearly.

If Privacy Laws Confound The Government, Where Do You Begin?

By Attorney Keith Stevens

Health record privacy is a major issue and it’s one that the government takes very seriously.  The state and federal governments have passed multiple laws protecting your privacy.  However, the laws are complex and often drafted with confusing language.  The area has become so complicated that several federal agencies were actually taken to the Supreme Court recently for sharing peoples’ medical information between agencies in a way that the government admits was illegal.   That case is Federal Aviation Association v. Cooper.

 

If the government can’t get its own laws straight, you can bet that it causes problems for ordinary folks.  We’ve seen cases where a husband can’t get his wife’s medical information when she’s in the hospital or where a daughter with an otherwise valid healthcare power of attorney has all the rights to make decisions for her father, but isn’t allowed access to his medical records to make an informed decision.  Hospitals are less willing to make exceptions because they can be fined as much as $25,000 per violation and the government is ramping up enforcement.

 

These privacy laws were done with good intentions, of course, but they can still be major roadblocks during a medical emergency—the worst possible time.  That’s why Cooper, Adel & Associates stays abreast of the ever-changing laws and ensures that any documents it prepares has the necessary language to ensure that your designated loved ones have full access in times of crisis.

COOPER, ADEL & ASSOCIATES OPENS NEW MONROE OFFICE

(from mainstreetmonroe.com)

 

Elder law attorneys Cooper, Adel & Associates have opened their new southern Ohio office hub in Monroe at 30 Overbrook Drive, Suite D. Managing Partner Mitchell J. Adel made the announcement.

Started in Centerburg, Cooper, Adel & Associates has had a significant presence in southwest Ohio since a Lebanon office opened in 1999. It has continued to expand statewide with an office in Sidney and more recently with a new office in Wilmington in November, 2011. The Monroe office opened on January 2, 2012.

“We want to continue to serve seniors making the critical decisions necessary to protect their finances from taxes, probate and catastrophic health care costs,” said Adel. “We’ve seen so many families lose their hard-earned savings to Medicaid spend-downs or parents have their children held responsible for long-term care bills—it doesn’t have to be that way. Our role is not just estate planning—it’s life planning.”

The firm’s seven attorneys work exclusively with seniors and their families throughout the state to minimize taxes, avoid probate and protect their assets from the potentially devastating legal and financial issues we all face as we age. Preserving assets is not an accident; it is the result of conscious and systematic planning. In addition, the firm assists clients to qualify for government benefits, including helping veterans and their widows obtain benefits for which they are entitled.

“Everyone needs a comprehensive plan that protects their assets and savings from potential pitfalls,” added Adel. “Our clients sleep better knowing, whatever comes their way, that they’ll be financially secure.”

To contact the new office and set up an appointment, please call 800-798-5297.

elder law

How to spend your Christmas money

 

By Melissa Reynard

 

The average American spends $935 over the holidays each year.  Combine that figure with an average credit card debt of $8562 and you call tell Americans love their shopping.  And who doesn’t?  The holidays are a season of giving and there’s nothing better than seeing the expression on your loved ones faces as your grandson opens his new video game or your daughter oohs and aahs over her new chainsaw.   And we think nothing of spending this money for their happiness.

 

Out of that figure of $935, $452 is just for family gifts alone.  But there’s another great gift out there that you can get for your family.  And while its not one that you would normally think of, or even share with your family right away, it could be a stupendous benefit and helper.  That gift is estate planning.

 

With estate planning you can be sure to help your family even after you’re gone.  With an Elder Law Attorney, you can prepare Powers of Attorney, Trusts, Healthcare Directives and other important tools that make up estate planning.  Having these documents prepared is putting you one step closer to making things easier for your family in the eventuality that something happens to you.   

 

Give your family a different kind of gift this year.  Give them peace of mind.

 

Something to leave you with: despite the average American spending $935, they only plan to spend $646.  Is your planning accurate?  

 

Sources:

American Consumer Credit Council

Focus on farmers, elderly aids Knox County law firm

By Jeff Bell, Staff reporter – Business First

Centerburg – population 1,773 – would seem an unlikely host for a growing law firm, but that’s what the Knox County village has become.

Cooper Adel & Associates LPA, founded in the village nearly 20 years ago by attorney Thom Cooper, recently opened its fourth Ohio office and is looking to expand into the northeast part of the state and possibly Indiana.

It’s part of the firm’s plan to get closer to small-town folks in need of elder law services. Among them are farmers, Main Street business owners and other seniors trying to minimize their taxes, avoid probate and protect their assets from potential financial losses such as those caused by a catastrophic illness. Cooper Adel’s seven attorneys move across the firm’s four offices – Centerburg, Lebanon, Sidney and the new one in Wilmington in southwest Ohio – as their services are needed rather than working out of just one location.

“It’s important they be there to visit with the client,” Cooper said, noting the firm pulls in seniors from across much of the state.

The attorneys help clients plan for taxes and nursing-home stays, qualify for veteran’s benefits and set up trusts.

“We focus not only on estate planning,” he said, “but life planning.”

Leading an elder law firm with 35 employees and four offices wasn’t exactly the plan in the early 1980s when Cooper decided to go to Capital University Law School. At that time, he owned a business in Columbus that provided outsourcing services to stategovernments.

“I wanted to do something to work directly with people,” he said, “and the law seemed like a good area for that.”

After earning his law degree, Cooper started doing title work for a banker in Centerburg. His practice evolved from there as Cooper, moved by financial problems he had seen hurt older people, including his own family, decided to develop a specialty in elder law.

“For awhile,” he said, “it was about just keeping my head down. But I found there is such a need, and it just kind of happened.”

One of the developments in his firm’s growth was the hiring in 2005 of Mitch Adel, a Capital Law School graduate who was working as a criminal defense attorney in the Franklin County public defender’s office. Cooper made him a partner in 2009, and Adel now serves as the firm’s managing partner.

Adel said he decided to get into elder law in part because his grandfather told him it was an emerging field. He also waslooking for a change from the work he was doing.

“I didn’t see many smiles there,” Adel said. “It was a more difficult type of law – crime and jail. I see elder law as ‘happy law.’ You’re protecting people’s farms and houses.”

Squeezed by taxes, health care

Adel and Cooper said their practice ranges from working with the wealthy and farmers who are “asset rich but cash poor” to middle-class seniors wanting to leave something in their estates for their children.

“One of the things that separates us from the pack,” Adel said, “is we work with family. It’s not just mom and dad, but bringing in the children so everyone knows the plan.”

Changing tax laws and soaring health-care costs have increased the need for the help offered by the firm.

“Taxes are squeezing our clients,” Adel said, “and catastrophic health-care (bills) squeeze them. We help them make sure they keep their assets.”

And, the recession resulted in more liens being placed on homes and farms, Cooper said.

“That has become huge,” he said, “because it affects people at their core.”

Cooper, Adel & Associates Expands with New Wilmington Office

WILMINGTON, Ohio, October 3, 2011 – Elder law attorneys Cooper, Adel & Associates have opened a new office in Wilmington, Ohio at 70 Fairway Drive to expand and help more seniors plan for financial security. Founder, Thom L. Cooper and managing partner, Mitchell J. Adel, made the announcement.

ohio elder law attorneysCooper, Adel & Associates attorneys work exclusively with seniors and their families to minimize taxes, avoid probate and protect their assets from the potentially devastating legal and financial issues we all face as we age. Preserving your assets is not an accident; it is the result of conscious and systematic planning. In addition, the firm assists clients to qualify for government benefits, including helping veterans and their widows obtain benefits for which they are entitled.

“Our clients come to us because they are worried. They want to protect their assets. They want to make it easier for their families if they become incapacitated. They want their assets to go to their heirs at their death, not the government,” says Cooper. “It’s not just estate planning—it’s life planning.”

In addition to the newest office in Wilmington, the firm has offices in Centerburg, Lebanon and Sidney to serve their statewide client base.

“Many people think estate planning is only for the wealthy. We believe that estate planning is only part of an overall life plan that all seniors should have, regardless of their wealth,” says Adel. “Everyone can benefit from a complete assessment of their situation and an honest evaluation of where they stand and what they can do to protect themselves. It’s never to late to plan for the future.”

To contact the new office and set up an appointment, please call 800-798-5297.

Cooper, Adel & Associates is a trusted counselor, protecting hundreds of seniors from unnecessary taxes and legal expenses, as well as the devastating costs of catastrophic illness and nursing home care. With 35 employees and offices in Centerburg, Lebanon, Sidney and Wilmington, Ohio, Cooper, Adel & Associates has clients statewide and offers regular seminars to educate seniors on critical financial issues.

 

Friends with Benefits

By Attorney Thom L. Cooper

ohio elder lawBelow is an article by a colleague of mine, Elder Law Attorney Michael Ettinger, in which he describes a new trend among seniors to live together without being married.  While Mike is from New York with an upscale practice,  I am also beginning to see an increase of “Friends with Benefits” in my practice in Ohio.  I think we could all bemoan the positive and negative incentives of government policies, regulations and laws which I believe are responsible for the trend,  but now we are forced with having to deal with the  “legal unintended consequences” of  more and more our seniors living in this arrangement in order to attempt to preserve and protect their assets and those of their families.

Let me give just one example of these “legal unintended consequences:”

One of the main reasons that seniors do not get married is that they are worried about losing their homes should their partner go into a nursing home.  So what typically happens is that one of the senior partners keeps their home in their name and the other partner moves in and often sells their home.  All is OK if the senior without the home goes into a nursing home… but what if the partner who owns the home goes in?  At that point the home would have to be sold and the remaining at-home partner would be  “on the street”… a situation which neither partner might want after a long relationship.  Can this situation be avoided?  Of course it can with proper planning.  But this just underscores the point that it is even more important for Friends with Benefits to plan than a married couple.  If you are in this situation please see an elder law attorney to help you develop your plan.

More Elderly Couples Choose Cohabitation without Marriage

by

Attorney Michael Ettinger

It’s a quiet fact of senior residences across the country: Grandpa is living with someone else’s Grandma. In their 70s, 80s, and beyond, older couples meet in seniors-only housing and live together unencumbered by marriage vows. Their relationships are committed and bonded, meant to last the rest of their lives, sometimes even informally blessed by clergy.

According to U.S. census figures, co-habitation numbers for people 65 and older have tripled in the past decade, jumping from 193,000 in 2000 to 575,000 in 2010. A generation or two ago, the idea of older adults living together might have been shameful, even scandalous. That’s changed, in part because societal attitudes toward marriage have changed. Only 52 percent of all American adults identified themselves as married in the 2010 census – and almost 60 percent of people age 50 and younger have lived with a partner without being married, the Pew Research Center says. As a result, as the baby boom generation edges into old age, researchers expect co-habitation among seniors to continue to soar.

 

Advocacy by an Ohio Elder Law Attorney

By Jordan Myers


An advocate, or an advocacy group, can be loosely defined as a person or a group that will support your cause help you in achieving your goal. Most often an advocate is used when you don’t have the resources or ability to sufficiently support your own cause.

There was a story recently featured on a local news station close to where I grew up in Huntington, WV about a young girl named Ariel Depp. Ariel is a high school student in Kanawha County and she is deaf. Although there is a high school in her district that sits adjacent to her parent’s home, she must attend a high school that is two hours away in order to be able to work with an interpreter that can facilitate Ariel’s needs for learning. Ariel and her family had requested that the school board provide an interpreter at the high school that Ariel should be going to, but they denied the family’s request. Ariel’s struggle with deafness is not her only obstacle. The family explained that transportation is a struggle, as they cannot afford a vehicle and that prevents Ariel from receiving after school tutoring or allowing her to participate in after-school activities.

Ariel’s situation is not much different from situations that many in our elder community are facing. Her disability of being born without the capability to hear and the elder community’s disabilities related to the aging process are often unavoidable, irreversible, and life altering.

When you, or a member of your family, are dealing with the effects of disability related to aging, it is important that you consult an elder law attorney. Laws and regulations that affect programs providing nursing home assistance such as Medicaid, HIPAA language that is incorporated in legal documents and medical directives, benefits for wartime veterans and their surviving spouses, and estate planning are constantly changing.

 

At Cooper, Adel & Associates, we have a full staff of professionals specializing in these areas who are ready to advocate for you and your family. Please call our office today to schedule a free consultation with an Ohio Elder Law Attorney.

** Please visit the WSAZ website for the full story and any updates on Ariel Depp.

Prenuptial agreements for seniors remarrying can make sense

By Attorney Renee Fox

elder law lawyer in ohioAs an Elder Law Attorney in Central Ohio, I see many clients who wish to remarry after their first spouse has passed away. Often, it is financially detrimental for older clients to remarry. But, as the saying goes “the heart wants what the heart wants”.  If you are considering remarriage the following is something you should read:

Prenuptial Agreements

When one marries a second time it is critically important to protect one’s wealth through a Prenuptial Agreement. This is a contract between two parties entered into upon the advice of counsel that sets forth the rights a spouse will have after one is legally married. A typical Prenuptial Agreement will set forth what is considered “Separate Property” and what property will be deemed to be “Marital Property”. Separate Property is wealth that the future spouse waives his or her rights to upon death or divorce. When someone says “I do” a spouse gains legally enforceable rights to take against a will or a living trust by virtue of the marriage contract. The only way to protect against a second spouse upsetting the apple cart for the heirs is to have the spouse waive those rights before the marriage. This has to be done upon the advice of counsel and after full disclosure. A Prenuptial Agreement needs to be signed long before the date of the marriage ceremony so as to avoid any undue influence that might give someone the right to void the agreement at a later time. Married couples need to promise their current spouses that they will enter into Prenuptial Agreements if they decide to remarry after one becomes a widow or widower.

The living trusts we create at Cooper, Adel, & Associates allow for separate property to be held within a married persons’ trust. As a result, it directs your individual assets and family heirlooms to each person’s individual heirs.  Additionally, we include a provision for those couples who come to us that wish to protect their children’s inheritance should one spouse pass away and the second spouse remarry.

One thing the prenuptial agreement does NOT do is protect your assets in a nursing home situation!  This is not a good do-it-yourself task.  If you need help with these issues or are considering remarriage please pay a visit to the Attorneys at Cooper, Adel, & Associates.

 

Contacting an Ohio Elder Law Attorney Now Can Save you Stress Later

By Steve Wright

Elder Law attorneys in ohioEstate planning is an incredibly important aspect of your financial responsibility. Many of us often plan throughout life how to achieve a successful career and build a healthy nest egg for retirement. So there is no doubt that Americans, as a whole, respect their financial wellbeing and want to protect it well into their golden years. After all, we spend a lifetime working towards the goal of financial independence and security.

However, once retirement comes, many Americans fail to realize that this is the time when planning shifts gears from planning for retirement, to planning to protect those assets that you worked hard for your whole life. Failure to plan your estate can have dire consequences for those loved ones we leave behind. This is true because probate can tie up assets and cost a surviving spouse thousands of dollars and several years before those assets again become available. In addition, probate makes your personal affairs a public affair, which can leave to greater stress and frustration. This is where an Ohio Elder Law attorney comes in to play.

By contacting an Ohio attorney who specializes in elder law, you can learn how planning early can protect that hard earned nest egg. An attorney can explain how a trust works, and why a trust may be a good idea for you. In addition, the attorney can explain to you the benefits of planning early, and the consequences of planning too late. After receiving the information you will be armed with the knowledge of how to protect those hard earned assets, and your attorney can help you put these legal vehicles to use.

At Cooper, Adel and Associates, we have a team of attorneys who have dedicated their careers to helping retirees plan for the future. By having attorneys with extensive knowledge in elder law, we can educate you on the steps you need to take in order to protect your financial future. As part of our mission to help retirees and seniors, we regularly host seminars throughout Ohio that explain the benefits of planning early. You can attend one of these free seminars to get information on how an attorney may be a good idea for you by calling our office to check and see when our next seminar is being presented near you.

 



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