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Category Archives: Important Documents

New Year’s Resolutions… One to Keep

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

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.

Online Banking… Are you covered?

Written on June 20, 2011 by Thom Cooper in Important Documents

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By Megail Gaumer

I recently read an article in the Chicago Tribune about a couple and their struggles with their financial institution that disturbed me.

Eva Kripke, a Chicago resident, has been acting under a Power of Attorney her husband executed a number of years ago, to log into his online bank account to transfer money, pay bills, etc. That had been working fine for her for some time until their bank changed their policy and online security measures. Suddenly the bank required the debit/credit card number along with the security code be entered to access the account. The problem with this was Eva had destroyed the card four years ago shortly after her husband was diagnosed with a form of dementia. However, without it she no longer had the access she had become accustomed to or the ease of not having to drive across town to do simple banking.

What is the lesson here? You should contact your bank to determine what their online requirements are. You should also check with your banking institution to be sure you understand their Power of Attorney policies. If you do these things now you have an opportunity to execute the proper documents and you are likely to avoid problems down the road such as Mr. & Mrs. Kripke have encountered. If you are worried your documents don’t meet your financial institution’s policies, contact our office for a free consultation.

Inspiration to get your ducks in a row

Written on May 15, 2011 by Thom Cooper in Important Documents

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By Robin Crouch

Geronimo was the code name for the operation that sent two teams of 12 SEALS zooming by Blackhawk helicopters to a walled compound in Abbotabad, Pakistan to kill or capture the most wanted man in the world.

Bin Laden’s violent demise reminds all Americans that as a nation there is nothing we can’t do.

Of course, important work remains to be done: averting a fiscal calamity, reducing the deficit, dealing with the Bush Era tax cuts, funding or reforming entitlement programs, healthcare reform, putting America back to work, ending all wars – world hunger – global warming . . .

The point is, it shouldn’t always have to be a gunfight at the OK Corral to solve our problems or to get ourselves to make those important decisions. Whether you are thinking about financial security, planning for the future, or just getting your ducks in a row, be proactive and consult with our experienced team to discuss your specific goals.

Is your Emergency Contact Information Readily Available?

Written on May 13, 2011 by Thom Cooper in Important Documents

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By Megail Gaumer

Emergency responders as well and hospitals should have easy access to your medical history during an emergency, it could mean the difference between life and death. Often times in the event of an accident or traumatic event you may be too seriously injured or in shock, and not able to provide that information.

A wallet size card can certainly provide some necessary information to the individuals treating you. Mainly current medications, medical conditions, any allergies and more than one phone number to contact someone in case of emergency. Also list on the card any medical documents you have such as a Medical Power of Attorney, Living Will, DNR order or if you are an organ donor.

In addition here are some other helpful tools;

Many cell phones now list a contact as “ICE Contact”. This is your “In Case of Emergency” person to call and allows paramedics or other medical personnel to immediately know who and how to contact in the event of an emergency.

Also available is a website www.NOKR.Org. The National Next of Kin Registry is a non-profit organization established to contact loved ones in day-to-day emergency situations. This is not a public site, however, it is available to emergency services personnel where they can obtain your emergency contact information.

In addition to a registry there are forms available at www.VialofLife.com. Here you can fill out a medical history form and receive a bag to place your form in, you will also receive a decal for your door as well as the bag containing your information. You then place the bag somewhere conspicuous in your home allowing it to be easily seen by emergency responders.

Any or all of these suggestions would be helpful to you and your family in case of an emergency. Be sure to discuss what notification steps you have taken with your emergency contact.

Blue is the new Black

Written on May 11, 2011 by Thom Cooper in Important Documents

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By Robin Crouch.

Back in the days when I was in school, everyone was writing in blue, and not a single person wrote in black. Then when I first joined the work force, we were told to use black ink because it’s permanent versus blue ink, which is water soluble. Or it could be that the preference for black goes back to the historic inability to copy blue ink.

That said, it may be interesting to take a look at the new preference for blue ink. I was not aware of any actual “ink code” that requires documents to be signed in blue ink, until recently:

For instance, Local Rule 57.5 Ross County, Ohio – All filings must contain original signatures and be written in blue ink. I found out the hard way that failure to do so could result in a reprimand and will most definitely result in resubmitting all your docs with a “blue” signature.

The State of Florida requires documents to be signed in blue in ink to enable them to differentiate between an original signature and a copied signature. They will, however, still record a document signed in black ink.

Because photocopies are so good now, it’s hard to tell the difference between a real signature in black ink, and the copy of one. Original documents are signed in blue to show that it’s the original. Of course, these days color copiers are so good, you’d still have trouble telling the difference between an original and a copy.