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Category Archives: Important Documents

Portable Medical Directives…

Written on May 2, 2012 by Thom Cooper in Health, Important Documents

By: JM Megail Gaumer

I recently returned from a trip with my family. While we had a wonderful time I couldn’t overlook the fact that I did not have any of our medical directives with us while traveling. The thing is, it never would have occurred to me had I not seen a fellow traveler receiving medical attention on our cruise ship. I know no one wants to carry a bunch of papers around with them while site seeing, who would?

It is important to have your medical directives with you, particularly on a trip away from home, although you do not have to carry the papers. Copy them on to a flash-drive (a digital storage device that easily fits on your keychain). This is a great idea, not just for traveling but also day to day when you are out your house, or anywhere. You should have them with you so medical personnel can have access to them if needed.

If you would like your medical directives easily accessible, contact our office for a free consultation to discuss medical directives and any other estate planning need you may have.

CareZone.com – A safe place to care for loved ones

Written on April 23, 2012 by Thom Cooper in Aging, Important Documents, Miscellaneous

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By Bob Kueppers

At Cooper, Adel & Associates, we have clients whose families are scattered all over the world. Many times, the child who is physically closest is the one who ends up taking care of a parent while the other siblings are often out of the loop on the daily routines of care giving. One option to consider to help families is CareZone.com. CareZone provides a safe, private place to organize, store and manage everything online without the worry of privacy issues. CareZone prides itself on securing your data so only you and your family can see it: they don’t allow advertising or profiling and you won’t find any options to let Facebook, Twitter or the world know what’s going on in your private world.

After becoming a member, users can write journals about their loved one’s progress. Members can add medications, contacts, notes, and even upload files of important documents. This is one option to keep the entire family in the loop without annoying emails or playing phone tag.

Vacation Checklist

Written on March 16, 2012 by Thom Cooper in Important Documents

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By Roy Whited

The list and the information below was taken in part from a pamphlet that was provided by the staff of the Licking County Sheriff's office, Randy Thorp, sheriff.

“Preparing for a vacation or an unexpected leave from your home can sometimes be an exciting or hectic experience. A residence that is vacant or appears to be vacant is always a potential target. Burglary is a crime of opportunity.”

Check these a few days before you leave:

Contact your Sheriff's Office to request a house check.

Leave a key with nearby friends and family and ask them to check on the residence while you are away.

Exchange phone numbers with friends, neighbors, and family to stay in contact with them if needed.

Make certain that all expensive outdoor equipment is locked in a basement or garage.

Check that all windows and doors can be locked properly.

If applicable, make sure residential security alarms are working. Send a test signal to the alarm company.

Check that all outdoor lighting is operational. Fix or replace what is not working.

Inform US Postal Service and newspaper delivery services that you will be out of town and have them place a hold until you return.

Secure valuables in a safe or bank safety deposit box. Deposit any extra cash/checks.

Make sure any time settings for lighting, televisions, or radios are working properly.

While you are in the mood to check on things, take time to check your legal documents to make sure they are up to date.

Are your Powers of Attorney for health care HIPAA friendly?
Are your Powers of Attorney for business and financial matters adequate?
Do you need to make any changes in the distribution of your estate?
Have you taken the necessary steps to protect your home and your money from being lost to the cost of long term illness that requires a nursing home stay?

If your answer to any of the above was no, why not call Cooper, Adel, & Associates and schedule a free one-hour consultation? Call 1-800-798-5297

Why do I need a Power of Attorney?

Written on February 15, 2012 by Thom Cooper in Important Documents, Planning

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By Bethany Smith

Just this morning I had a client wanting to know the benefits of naming someone as a Power of Attorney. Was it really necessary? Wanting to make sure the client understood, I set up an appointment for them to come in and learn more about it. Wanting to understand the importance of designating a Power of Attorney, I began searching online for an explanation that made sense and was easy to understand. CNNMoney had this short explanation of why you should have one and who you should consider when assigning Power of Attorney.

Granting someone you trust the power of attorney allows that person — known as your "agent" or "attorney in fact" — to manage your financial affairs if you are unable to do so.

Your agent is empowered to sign your name and is obligated to be your fiduciary — meaning they must act in your best financial interest at all times and in accordance with your wishes.

There are different kinds of powers of attorney, but in estate planning there are two essential types you should know:

The first is the "springing power of attorney," which only goes into effect under circumstances that you specify, the most typical being when you become incapacitated.Often that means your agent cannot act until he or she provides doctors' letters and sometimes court orders to prove you are incapable of making decisions for yourself.

There is also the "durable power of attorney." It is effective immediately, and your agent does not need to prove your incapacity in order to sign your name.

An attorney can help you decide which form makes the best sense for your circumstance. In any case, take care in choosing your agent. That person should be competent, trustworthy, willing to take on the burden of your affairs and financially secure.

If you choose a relative or friend as your agent, you probably won't have to pay them. But if you name a bank, lawyer or other outside party, you will have to negotiate compensation, which can range from hourly fees to a percentage of your assets paid annually.

If you do become incapacitated without having assigned power of attorney, the court will step in to appoint a guardian who may not be the person you would have chosen. This process is usually costly to your family.

For determine how a Power of Attorney might be helpful in your estate planning, please contact Cooper, Adel & Associates.

New Year’s Resolutions… One to Keep

Written on January 30, 2012 by Thom Cooper in Important Documents, Planning

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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.

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

Written on January 20, 2012 by Thom Cooper in Elder Law, Important Documents

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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.

A Note on Survivorship Deeds

Written on December 2, 2011 by Thom Cooper in Important Documents, Planning, Probate

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By Attorney Ted Brown

In the course of my work in Estate and Trust Administration, I often encounter the misconception that real estate owned jointly among spouses contains a right of survivorship. As a result, I see property end up in probate and the estate burdened with time-consuming and costly hassles that could have been avoided.

A right of survivorship is not conferred automatically to joint owners or joint tenants through a general warranty deed. This right is created only by specific wording on the deed itself and is more commonly seen is what is known as a survivorship deed.

While this nuance of property law is lost on many, it is not lost on a probate judge. Spouses, or other joint owners of property, each own an undivided one-half interest in that property. When one spouse dies, that half interest does not automatically pass to the other spouse unless a right of survivorship is granted within the deed. This means that in order for the surviving spouse to get clear title to the entire property, the deceased spouse’s half must go through probate. This can take months and add thousands in unnecessary expense.

The hassle of probate can easily be avoided by placing the property into a trust or with a properly drafted survivorship deed. It is important to seek the counsel of an Elder Law Attorney to explore these options.

Beware the “official” deed scams

Written on November 12, 2011 by Thom Cooper in Estate Planning, Important Documents

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By Ted Brown

I recently took a call from an existing trust client who was very concerned about the ownership of her home. She had received a letter in the mail from the “National Deed Registry” informing her that she did not have an “official” deed to her home and therefore was in danger of losing clear title to it. The letter offered to send her an “official” deed for a fee of only $57.00.

The reality is that there is no national deed registry. Deed records are solely the function of county government. Every county recorder’s office maintains the official deed records of the property in their county. A truly official deed is one that complies with local requirements and is on record with the county. Most property owners possess the original deed marked by the county on the date it was recorded. The county usually holds a copy.

If you do not have the original deed to your property, you can obtain an official copy from the county deed records. Contact your local county recorder’s office for more information. If you ever need a deed prepared contact a local attorney.

There are a variety of scams out there claiming to offer formal deeds for a fee. These usually derive from individuals trolling real estate transfer records to find property that has recently changed hands. If you have recently transferred your property to a trust you may receive a similar letter. This is nothing but an attempt to get you to pay for something you already have.

Granny has ‘Do Not Resuscitate’ tattooed onto her chest

Written on September 15, 2011 by Thom Cooper in Elder Law, Important Documents

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By Attorney Renee Fox

As an Ohio Elder Law Attorney, I counsel people everyday on the specifics of executing or not executing a Do Not Resuscitate Order, also known as a DNR. About a year ago on a television program about doctors, I caught an episode about a man who was in a motor cycle accident who had the words “Do Not Resuscitate” tattooed on his chest. He was brought in by squad and his life was saved. However, once in the hospital they were uncertain if the tattoo was serious or a joke. They treated the patient and left him on life support until they contacted a family member and received instruction from their legal department about what to do. It turns out he had early onset Alzheimer’s and did have a DNR. At the end of the show they took him off machines and he died with dignity with his sister by his side.

TV is one thing, but I never would have guessed someone would take this to heart and apply the principal in real life but one elderly woman did just that. Joy Tomkins, the 81year old grandmother-of-six, is so adamant about her wishes that doctors not save her life in an emergency, she has had a “Do Not Resuscitate” tattoo placed on her chest. Further, in case she collapses face down and paramedics miss the big, blue capital letters, she had “PTO” which means please turn over and an arrow inked on her back. Joy said “I do not want to be half dead, I want to be fully dead. I’m afraid the medical profession will, with the best of intentions, keep me alive when I don’t want to be alive.”

Joy is not terminally ill but has arthritis, Reynard’s disease and diabetes. Many of my clients wait until they are terminally ill to execute this significant document because it must be discussed with and signed by your physician. When you have made your wishes known and either you or your health care power of attorney have presented this formal document to medical professionals they will no longer take any extraordinary measures to save your life, including CPR or defibrillation. They will basically keep you comfortable until you pass away.

Joy said “I don’t want to lie for hours, months or even years before dying. I do not want to end up as a vegetable. I don’t want my family to remember me as a lump. That is why I got the tattoo.” Joy said her children, Thomas, 52, and Mary, 50, “accept my wishes”. But a General Medical Council spokesman said most doctors would ignore her DNR tattoo. He said: “Mrs Tomkins’ tattoo would not be enough information by itself for a doctor to make this decision on in an emergency.” He said DNR wishes need to be put in writing and witnessed.

For help with powers of attorney and advanced medical directives please seek the advice of a professional and contact us at Cooper, Adel, & Associates.

Do You Need to Update Your Estate Planning Documents?

Written on July 19, 2011 by Thom Cooper in Estate Planning, Important Documents

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By Attorney Renee Fox

Most people put a lot of thought into creating an all inclusive estate plan to save their family from hassle in the event of their incapacity or death. They make provisions for their family’s needs, wants, their own desires, name guardians of their minor children, support charities, and name a trusted agent to act on their behalf in the event they lose the ability to make decisions. However, many people assume that once they execute their estate plan they are covered. They file the documents away and forget about them.

A plan that was proper a few years ago may not be appropriate today. It is important to review your estate planning documents at least every 3-5 years to make sure that they are accurate, reflect your current wishes and are still effective with laws that may have been enacted in the meantime. An estate plan should be reviewed more frequently when there are changes in the law or major life events occur. Below are some common situations when you should dust off your estate plan and make sure it still meets your objectives:

marriage or remarriage or divorce of children or grandchildren
births, deaths of family members
changes in health
changes in wealth or assets
change in residence
changes in the law.

As an Elder Law Attorney at Cooper, Adel & Associates, one-third of the clients I see each week are existing clients coming in to make changes to their life plan. Frequent reviews are one of the many cost effective ways we provide quality customer service to each and every one of our clients. What’s stopping you from updating your estate plan? Come in to see the Attorneys at the Cooper, Adel & Associates and make sure to keep your ducks in a row.