Resource Category: Elder Law Rights

Never Alone Act

House Bill 236, also called the Never Alone Act, was passed in December 2024 and took effect on March 20, 2025. This law allows residents and patients in congregate care settings (such as group homes/RF2s, nursing homes, and assisted living facilities) to have a designated advocate who can support and assist them. This law ensures…

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Elder Abuse & Adult Protective Services

What Is Elder Abuse?  Adult Protective Services (APS) is responsible for investigating reports of suspected abuse, neglect or exploitation of Ohioans aged 60 and older.  APS is part of each Ohio County Department of Job & Family Services (CDJFS).  The Ohio Revised Code defines “abuse” as infliction upon an adult by self or others of…

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Grandparent Rights

What Are Grandparent’s Visitation Rights? Under Ohio law, a court can award visitation rights to a grandparent in three situations: when there has been a domestic relations proceeding, when the child’s parent is deceased, or, at the time of the child’s birth, the mother was unmarried. For the court to consider granting visitation the grandparent…

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Americans with Disabilities Act

What Is The Americans With Disabilities Act (ADA)?  The Americans with Disabilities Act (ADA) of 1990 is a federal law designed to make sure that people with disabilities have an equal opportunity to employment, public accommodations, transportation, state and local government services and telecommunications.  Who Is Protected By The Americans With Disabilities Act?  The ADA…

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Ohio’s Do-Not-Resuscitate (DNR) Order Law

What Is A Do-Not-Resuscitate Order? A do-not-resuscitate (DNR) order is a directive issued by a physician that identifies a person and specifies that cardiopulmonary resuscitation (CPR) should not be administered to that person.  Ohio's DNR law relieves emergency medical services (EMS) personnel and other medical professionals and facilities of their duty to resuscitate a person…

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Living Wills

What Is A Living Will?  It is a document that expresses your choices about life-sustaining treatment in case you are later unable to express them.  However, its use is restricted to two situations.  You must either be in a “terminal condition” or in a “permanently unconscious state.” How Is A Living Will Different From A…

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Ohio’s Guardianship System

Who Needs A Guardian?   Under Ohio law, if you are mentally impaired (from mental or physical illness or disability, mental retardation or chronic substance abuse) to the point that you cannot take proper care of yourself, your property or those for whom you are legally responsible, you may be determined incompetent and have a guardian…

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Financial Power of Attorney

What Is A Financial Power Of Attorney?  A financial power of attorney (FPOA) is a written document by which a competent adult, known as the principal, appoints and authorizes another competent adult, known as the attorney-in-fact (A-I-F), to act on the principal’s behalf.  Financial powers of attorney usually cover financial, business, personal and real estate…

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Avoiding Probate

What Is Probate?  Probate is the legal process of administering the estate of a deceased person in Probate Court, resolving all claims and distributing the deceased person's property under a will or if no will, per Ohio’s statute of descent and distribution. Why Avoid Probate?  For small estates, probate is not always difficult or expensive. …

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Retiree Pension & Health Benefit Rights

What Are My Rights If I Have A Pension Plan? Pension plans are benefit plans offered by employers according to specific rules established by that employer as well as requirements of federal law.  The specific rules of your employer’s plan must be consulted for you to know what you are entitled to.  Pension plans take…

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