Elder law and estate planning — which is what we practice at Fleming & Curti, PLC — doesn’t usually include divorce and family law issues. Sometimes, though, the two practice areas overlap. As, for instance, when a divorce decree effectively changes an estate plan. ERISA preemption Before we tell you our story this week, we…
SEPTEMBER 13, 2016 VOLUME 23 NUMBER 34 Now that ABLE Act programs have been set up in several states, you might wonder if it’s time for you to set up an account for yourself or a family member with a disability. How can you figure out whether ABLE is right for you? We’ll try to…
JULY 4, 2016 VOLUME 23 NUMBER 25 Just two weeks ago we told you about an Ohio appellate decision dealing with the authority of a close family member (in that case a sister) to participate in, and appeal from, a guardianship hearing. At about the same time another Ohio appellate court was dealing with a…
JUNE 20, 2016 VOLUME 23 NUMBER 23 Suppose your sister is developmentally disabled, and your brother has been appointed as her guardian, to make medical, placement and other decisions. Suppose your brother has moved her to a facility you aren’t sure about, and has restricted family access to visit her. Can you do anything to…
DECEMBER 27, 2011 VOLUME 18 NUMBER 44 Carl Smith is a developmentally disabled young man living in Ohio. When he reached age 18, his mother Peggy Smith applied to the local probate court for appointment as his guardian. She was appointed, and Carl continued to live with her for the next several years. In 2005…
APRIL 3, 2006 VOLUME 13, NUMBER 40 Five years ago the Arizona Legislature adopted an interesting new law. Modeled on a similar law in Missouri, the “beneficiary deed” statute permitted property owners to designate who would receive their property on death—much like a “payable on death” bank account. Now the state legislature has revisited beneficiary…