Advance Directives - An advance directive is a way to communicate your wishes about the use of life-sustaining treatment. It can be used to authorize or refuse certain treatments and to designate another person to make medical decisions for you. Advance directives may be revoked at any time.

Because of the serious nature of advance directives, the matter should be discussed thoroughly with your family and physician while you are healthy. You may cancel or change an advance directive at any time in accordance with state law. Changes should be made in writing and should be signed and dated.

Your healthcare decision-maker needs to know your:

• Preferred and undesired types of medical treatment.
• Acceptable extent of medical treatment and invasive procedures.
• Family dynamics and who to consult in making decisions.
• Health care and death-related fears and concerns.
• Religious or spiritual considerations.
• End-of-life planning and, if necessary, desire to die at home versus the hospital.
• Desired quality-of-life level.
• Thoughts on experience of others who have gone through similar situations.

There are two types of advance directives to consider: living wills and durable powers of attorney.

Living Will - A Living Will is a document that allows you to establish, in advance, the type of medical care you would want to receive if you were to become permanently unconscious, or if you were to become terminally ill and unable to tell your physician or family what kind of life-sustaining treatments you want to receive. The Living Will is NOT the same as a Last Will and Testament . A Living Will and has nothing to do with what happens to your possessions after you die.

You can revoke your Living Will at any time. You can do this by simply telling your physician and family that you have changed your mind and wish to revoke your Living Will. It is a good idea to ask anyone who has a copy of the document to return it to you.

Durable Power of Attorney for Health Care - A Durable Power of Attorney for Health Care is a legal document which authorizes another person to make health care decisions for you if you lose the capacity to make informed health care decisions for yourself. A Durable Power of Attorney for Health Care:

• Names an individual you trust to make a wide variety of health care decisions for you at anytime you cannot do so for yourself -- whether or not your condition is terminal.
• Becomes effective only when you are temporarily or permanently unable to make your own decisions regarding treatment.
• Requires the person you appoint to make decisions that are consistent with your wishes.
• Will not overrule a Living Will in the event you have both documents.

These documents protect your right to self-determination and protect your family from uncertainty. They ensure that you will receive the medical care you want when you can no longer speak for yourself. Both documents must be signed, dated, and witnessed, either by two non-relatives or a notary public.

The Patient Self-Determination Act is a federal law that requires most hospitals, nursing homes, home health agencies, and HMO’s to provide information on advance directives at the time of admission. Advance directive forms are available in both official state law forms and in unofficial forms created by state medical and bar associations and national organizations such as AARP, the American Bar Association, and the American Medical Association.

Do-Not-Resuscitate Order - A do-not-resuscitate (DNR) order is a physician’s written order instructing health care providers not to attempt cardiopulmonary resuscitation (CPR) in case of cardiac or respiratory arrest. Ohio’s DNR law relieves emergency medical services (EMS) personnel and other medical professionals and facilities of their duty to resuscitate a person if that person has DNR identification or a DNR order, provided that withholding or withdrawal of CPR is in accordance with the Ohio Department of Health’s (ODH) do-not-resuscitate protocol.

The Ohio Hospice & Palliative Care Organization
800-776-9513
1646 West Lane Ave.
Upper Arlington, Ohio 43221
www.ohpco.org

This site provides information on end-of-life issues. You can obtain a copy of the Advanced Directives Packet: Choices, Living Well at the End of Life on their website. The packet includes information regarding Hospice and Do-Not-Resuscitate Orders, a Uniform Organ Donation card, and one copy each of Ohio’s Living Will and Power of Attorney for Health Care forms. The Living Will and Power of Attorney for Health Care forms conform with the requirements of the Ohio Living Will Law as amended effective March 15, 2001.

The Ohio State Medical Association
800-766-6762
3401 Mill Run Drive
Hilliard, OH 43206
www.osma.org

Ohio Hospital Association
614-221-7614
155 East Broad St.
Columbus, OH 43215
www.ohanet.org

Ohio Osteopathic Association
614-299-2107
53 West Third Ave.
P.O. Box 8130
Columbus, OH 43201
www.ooanet.org

The Ohio State Medical Association, the Ohio Hospital Association, and the Ohio Osteopathic Association in collaboration with the Ohio Hospice & Palliative Care Organization, have jointly revised a standard Living Will Declaration and a standard Power of Attorney for Health Care form.

You can also obtain a copy of the Advance Directives Packet by calling Council on Aging^SM at 513-345-8643.

Guardianship is a legal relationship between a competent adult and a person (ward) over the age of 18, whose disability causes incompetency (the inability to handle one’s own personal or financial affairs). The disability may be caused by mental illness, developmental disability, age, accident, or other causes.

A developmental disability or mental illness is not, by itself, sufficient reason to declare someone incompetent. In addition, a person may not be declared incompetent simply because it saves someone money or because the disabled person acts or uses personal money in ways that seem odd to someone else. Competency has to do with a person’s ability to make an “informed decision” or with the risk of harm that they may experience due to their inability to provide for themselves or manage their affairs.

A guardian is a person, institution, or agency appointed by a court to manage the affairs of another, called a ”ward.” The guardian may manage personal and/or estate matters. Each state has specific laws which govern guardianship proceedings and the guardian’s activities. State laws also distinguish between guardianship for minors and for adults with disabilities.

Procedures for Establishment of Guardianship
Normally, any interested adult person may file a petition with the Probate Court for the appointment of a guardian of an incapacitated person. Each county probate court has its own set of application forms that must be completed to start the process. Included in those forms is a Statement of Expert Evaluation that must be filled out by a physician or a licensed clinical psychologist. The forms and the fees vary somewhat from county to county. The application should be filed in the county in which the individual resides.

The person filing the petition is not necessarily the person who will be appointed the guardian. The individual for whom the guardianship is sought has the right to a notice of the proceeding and a right to a hearing on the question of his or her capability. The court may appoint an attorney or guardian ad litem (a person not necessarily an attorney) to represent the interests of the alleged incompetent in the proceeding. If the court finds the person incapacitated, it will appoint a guardian for medical reasons and proof of functional disability. The alleged incompetent has the right to appeal this decision to a higher court. In some cases, the court may appoint a “limited” guardian for a person who suffers from only a mild disability or partial incapacity. This appointment can preserve many of the person’s legal rights.

Guardianship Programs

Cincinnati Area Senior Services
513-721-4330
644 Linn St., Suite 1020
Cincinnati, OH 45203

LifeSpan
513-868-3245
111 Buckeye St.
Hamilton, OH 45011

Personal Guardianship Services
513-821-5500
P.O. Box 46166
Cincinnati, OH 45246

These agencies offer opportunities for volunteers to serve as a volunteer guardian for incompetent indigent older adults. Training and support is provided by the agency. LifeSpan serves the residents of Butler and Warren Counties through the following areas: Hamilton, Middletown, West Chester, Fairfield, Mason, and Oxford.

Representative or Protective Payee is a person who is appointed to manage Social Security, Veterans’Administration, Railroad Retirement, Welfare Assistance or other State or Federal benefits or entitlement program payments on behalf of an individual.

Conservatorship is a voluntary proceeding in which a person (the conservatee) asks the Probate court to appoint a specific individual (the conservator) to manage his or her estate. The court must find the petitioner incapable of managing his or her financial affairs, but capable of making the decision to have a conservator appointed to do so.

Power of Attorney and Durable Power of Attorney
Both a power of attorney and a durable power of attorney are written documents that allow one person (the maker) to give another (the holder) certain rights to handle the money, real estate, and personal property of the maker.

A power of attorney is only good as long as the maker is capable of handling his own affairs. If he becomes incapacitated or disabled, the power of attorney generally becomes ineffective. However, a “durable” power of attorney will remain effective
even if you become disabled or incapacitated.

A durable power of attorney is especially useful to save you, your family, and loved ones from court proceedings to appoint a guardian or committee for you if you become incapacitated. As a practical matter, most attorneys recommend the use of a durable power of attorney more than a power of attorney because the durable power of attorney is long-lasting.

Both the power of attorney and durable power of attorney are created using specific language, and the advice of an attorney should be sought in preparing them. Care should be taken to ensure you make these documents as specific as possible in order to protect your rights and property. You should be sure that the person granting your power of attorney is an individual whom you completely trust to use the power as you would direct if you were capable of doing so.

A Trust is a legal arrangement where one person (the “grantor”) gives control of his property to a trust, which is administered by a “trustee” for the “beneficiary’s”benefit. The grantor, trustee and beneficiary may be the same person. In the event of incapacitation or death, the grantor names a successor trustee, as well as successor beneficiaries.

Living Trust
A Living Trust, created while you’re alive, lets you control the distribution of your estate. You transfer ownership of your property and your assets into the trust. You can serve as the trustee or you can select a person or an institution to be the trustee. If you’re the trustee, you will have to name a successor trustee to distribute the assets at your death.

What is the advantage of a living trust? Properly drafted and executed, it can avoid probate because the trust owns the assets, not the deceased. Only property in the deceased’s name must go through probate. The downside? Poorly drawn or unfounded trusts can cost you money and endanger your best intentions.

Living trusts are also promoted as devices which allow federal tax savings. However, unless your estate exceeds $1,500,000 in 2004 and progressively higher in later years, your estate will not be subject to Federal Estate Tax and will not provide any extra savings. If you are interested in a living trust, you should seek the advice of your attorney in order to draft a trust instrument which best suits your particular needs and circumstances.

A Will is a written document stating your directions for the distribution of your estate after your death. An estate consists of all real property (land), personal property (stocks, bank accounts, cars) and intangible property (claims, interests, rights) that the individual owns at death.

A will allows you to personalize the distribution of your property. If you do not make a will, you are said to have died “intestate” and, with certain exceptions, your possessions are distributed according to Ohio law. If you are married, both you and your spouse should have coordinated wills because each of you may have property that you would like to dispose of separately. Also, if one spouse inherits the other spouse’s estate but does not have a will of his or her own, the second estate may not be distributed as wished when the surviving spouse dies.

Only about half the states recognize “home-made wills.” Because many such wills contain imprecise language, they may be successfully attacked in court and declared invalid. Therefore, it is best not to attempt a do-it-yourself will.

Living trusts and wills allow you to choose how your property will be distributed after death. Although there are other issues to consider, the primary advantage of a living trust is that it can make it easier to avoid probate. Property transferred into a living trust before death does not go through probate.

It is important to understand that:

• A living trust is not the only way to avoid probate. The rules about probate and avoiding probate are often different in different states. It is best to check with an attorney to find out more information.
• Most states have rules that allow small estates to be administered outside of probate or through an “expedited”probate process. These rules are different in each state.
  You can find out more from the Clerk (or Register) of Wills or from a local attorney.

Life insurance policies in no way take the place of having a will. If your policy is payable to your estate after death, the proceeds will be distributed according to your will. If the policy benefits are payable to a beneficiary other than your estate, such as your spouse or another relative, your will has no effect on the distribution.

If you own property with another person as joint tenants with the right of survivorship, that is, not as tenants in common, the property will pass directly to the remaining joint tenant upon your death and will not be part of your probate estate. (It will, however, be part of your taxable estate.)

The legal process that usually involves filing a deceased person’s will with the local probate court, taking inventory of the person’s property, paying all legal debts, and eventually distributing the remaining assets and property. If the person died without a will (this is called intestacy), the estate must still be probated and property will be distributed according to state law.

Probate court provides a variety of services for citizens including: adoptions, and name changes, marriage licenses and marriage information, processing estates of deceased persons, resolving issues of contested wills, appointing and reviewing guardianship of minors and incompetent persons

Butler County Probate Court
513-887-3294
101 High Street
Hamilton, OH 45011

Clermont County Probate Court
513-732-7243
76 S. Riverside Drive
Batavia. OH 45103

Clinton County Probate Court
937-382-2280
46 S South, 2nd Floor
Wilmington, OH 45177-2297

Hamilton County Probate Court
513-946-3600
William Howard Taft Law Center
230 East Ninth Street, 10th Floor
Cincinnati, OH 45202

Warren County Probate Court
513-695-1181
570 Justice Drive
Lebanon, OH 45036

AARP
800-424-3410
www.aarp.org
Ask for a copy of Product Report: Wills & Living Trusts. AARP does not sell or endorse living trust products.

American Bar Association
312-988-5522
Service Center
541 North Fairbanks Ct.
Chicago, IL 60611
www.abanet.org

Attorney General
614-466-4320
State Office Tower
30 East Broad Street
Columbus, OH 43215
www.ag.state.oh.us

Cincinnati Region Office of the Attorney General
513-852-3497
1700 Carew Tower
441 Vine Street
Cincinnati, OH 45202-2809
Covers Butler, Clermont, Clinton, Hamilton, and Warren Counties along with Adams, Brown, Darke, Green, Highland, Miami, Montgomery, Preble, and Shelby Counties.

Consumer Protection
800-282-0515
Identity Theft
Consumer Complaints
Consumer publications are available online, and you can also file a complaint online or download and print the PDF version of the complaint form.

Crime Victim Assistance
800-582-2877
614-466-5610

Federal Trade Commission
877-382-4357
Consumer Response Center
Washington, DC 20580
www.ftc.gov
The Consumer Response Center houses counselors who respond to consumer complaints and requests for information. There are many pamphlets available to print on the site.

Federal Trade Commission Bureau of Consumer Protection
202-326-2222
TDD/TTY 866-653-4261
600 Pennsylvania Avenue, N.W.
Washington, DC 20580
www.ftc.gov
This site provides consumer educational materials and allows consumers to file a complaint online. There are links to other government sites.

Law Line
513- 381-5297
Law Line is a free 24-hour phone service of the Cincinnati Bar Association with general information on over 70 legal topics. The service is accessible with a touch-tone phone.

Lawyer Referral Service (LRS)
513- 381-8359
Cincinnati Bar Association
The Cincinnati Bar Center
225 East Sixth Street, Second Floor
Cincinnati, OH 45202
www.cincybar.org
A free service from the Cincinnati Bar Association to assist you in locating a lawyer specializing in the area you request.

Legal Aid Society
513-241-9400
10 Journal Square
Hamilton, OH 45011
The Legal Aid Society is a source of legal representation, information, advice and referral for people in need. They provide legal services for low-income residents of Brown, Butler, Clermont, Hamilton, and Warren Counties. Services are free to eligible clients who meet federal poverty guidelines and other eligibility requirements. Their website has excellent housing, benefits, and other resource information.

Legal Aid Society of Greater Cincinnati
513-241-9400
215 East Ninth Street, Suite 200 800-582-2682
Cincinnati, Ohio 45202-2122 TDD 513-241-6061
www.lascinti.org

National Academy of Elder Law Attorneys, Inc.
520-881-4005
1604 North Country Club Road
Tuscon, AZ 85716
www.naela.org
You can obtain information about elder law attorneys and the opportunity to find an attorney in your area. The site provides links to other legal resources.

Ohio Bar Association
800-282-6556
1700 Lake Shore Dr.
Columbus, OH 43204
www.ohiobar.org
The Ohio Bar Association produces and makes available printed material “Laws You Can Use.”

Ohio Consumer Counsel (OCC)
877-742-5622
10 W. Broad Street, Suite 1800
Columbus, OH 43215-3485
www.pickocc.org
OCC is a residential utility advocate that provides information and answers questions about services provided by the electric, natural gas, telephone, and water companies. The OCC can speak to your group about consumer protection issues, telephone bills, natural gas choices, and an overview of OCC. They will tailor utility topics to fit your needs. Call the number above to file a complaint about services provided by publicly-owned utility companies.

Pro Seniors Legal Hotline
513-345-4160
800-488-6070
7162 Reading Road, Suite 1150
Cincinnati, OH 45237
www.proseniors.org

If you are an Ohio resident age 60 or older, dial one of these numbers for free help with your legal or long-term care problems. If you have a legal problem that can’t be solved over the phone, you may be referred to a Pro Seniors staff attorney for no charge, or to a private attorney who has agreed to work for a reduced fee for lower income clients. The Pro Seniors staff attorneys handle problems that most private attorneys do not, such as questions about Medicaid, Medicare, Social Security, subsidized housing, and protective services.

Pro Seniors provides pamphlets on a variety of subjects from Medicare and Medicaid to consumer fraud and food stamps. You can get a listing of brochures from Pro Seniors. Pamphlets are free to seniors. For others, the current charge is $0.16 per copy plus postage.

Social Security Fraud Hotline
800-269-0271

The National Consumer Law Center, Inc.
617-542-8010
18 Tremont Street, Suite 400
Boston, MA 02108
www.consumerlaw.org