Posted on November 27, 2024 in Estate Planning

A power of attorney is an essential legal tool in estate planning that allows a person (an agent) to make decisions and perform tasks on behalf of someone else (the principal). Principals use powers of attorney for many situations and purposes, including healthcare needs, real estate deals, tax filing, financial management, overseas transactions, and more. However, a power of attorney that is incorrectly drafted can lead to serious consequences, especially if it is legally invalid or provides the agent with powers that are too broad. Therefore, a power of attorney should be created by a qualified Ohio estate planning lawyer.

What Is a Power of Attorney Used for?

There are two main types of powers of attorney in Ohio:

• Medical power of attorney: This allows an agent to make decisions about the principal’s healthcare. It is usually used when a principal becomes incapacitated and can no longer make such decisions.

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 Posted on October 10, 2024 in Personal Injury

Negligence means someone did not take the precautions a reasonable person would have taken to avoid injury to someone else. A dog owner who fails to leash an aggressive canine, for example, could be considered negligent. A supermarket that does not clean up a spill in time can be accused of being negligent if a customer slips and falls. A driver who texts while driving is also negligent.

When people are injured as a result of someone else’s negligence, they often want to bring a personal injury claim. They may seek to recover damages such as medical expenses and loss of income. In Ohio, however — as in other states — there is a modified comparative negligence law. This allows the victim who brings the claim, also referred to as the plaintiff, to shoulder some of the blame for negligence.

This article will discuss modified comparative negligence and how it affects personal injury claims. Speak with an Ohio personal injury attorney for more details or for assistance with your claim.

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 Posted on September 10, 2024 in Criminal Defense

Operating a vehicle under the influence (OVI) of alcohol or drugs is a serious crime in Ohio. An OVI conviction can incur severe penalties ranging from fines, jail time, license suspension, and more. These depend on many factors such as:

• Whether it is a first-time offense
• The age of the driver
• The amount of the substance used
• Whether the driver refused to submit to an alcohol or chemical drug test

Understanding an OVI charge and its penalties is an important first step toward forming a legal defense. Speak with an Ohio OVI defense attorney who will craft a legal strategy to protect your rights.

What Are the Penalties for an OVI?

Because it depends on several factors, the OVI penalty structure is complex. Assuming a driver 21 or older has submitted to all tests and is convicted of an OVI, he or she may receive:

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 Posted on August 09, 2024 in Family Law

There are many important things to consider when entering into a marriage. One of those considerations, while uncomfortable for some couples to think about, is that the marriage may end. If the marriage dissolves, the divorce process can significantly impact the life of each spouse. There may be child custody to divide, spousal support to pay, and marital property to distribute.

Ohio law defines marital property as assets that belong to both parties. These may include real estate, cash, jewelry, cars, and other possessions. They can also include business assets, which are divided in a divorce if they are considered marital property.

Some couples hire an Ohio family law attorney to draft a prenuptial agreement before the marriage to protect assets like businesses from being divided in a divorce. This article will further explore marital property, prenuptial agreements, and how a prenuptial agreement can protect your business assets.

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 Posted on July 12, 2024 in Divorce

Divorce is an emotionally difficult process under the best of circumstances. When the divorce and request for alimony involve a disabled spouse, the process becomes much more complex. People are living longer today than in the past, making disabilities and cognitive decline issues much more common during a divorce. The husband or wife seeking a divorce may face a significant level of judgment for divorcing a disabled spouse, yet there may be many more issues than meets the eye.

The disabled spouse may wonder how they will physically and financially get by on their own. A court will strive to reach an agreement that allows the non-disabled spouse to divorce while ensuring the disabled spouse is not left to struggle financially.

When the divorce is amicable, it is not unusual for the ex-spouse to continue to offer emotional and financial support for the disabled spouse. Even if this is true, the disabled spouse may require additional services and assistance.

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 Posted on June 12, 2024 in Criminal Defense

Getting arrested can be a scary, stressful situation to find yourself in. It can be especially difficult to control your reactions. Depending on the situation, the arresting officers might be on their guard and feeling edgy. With so much tension around, one wrong move has the potential to turn everything from a routine arrest into something much more distressing.

This article will offer five tips to follow if you get arrested. Knowing in advance what to expect can go a long way toward helping you remain in control of yourself and in turn, you can demonstrate to the arresting officers with your calm behavior that you should not be considered a threat and there is no need for extra force. When you are arrested for the first time, you have no idea what to expect, and there is no guide to follow. You also might not be aware of your rights. While all arrests are different, there are things you can do that are always a good idea. Of course, if this happens to you, a dedicated Brunswick, OH criminal defense lawyer can offer you valuable guidance on how to proceed.

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 Posted on May 20, 2024 in Estate Planning

Assigning power of attorney to a trusted person gives family members or another designated individual the power to make important decisions on your behalf. A power of attorney is typically used in cases where you are unable to make medical or end-of-life decisions for yourself.

Many people may be somewhat familiar with the concept of power of attorney. However, it is important to understand the specifics of how incorporating it into your estate planning might be helpful. An Ohio estate planning lawyer can answer your questions about assigning power of attorney in your estate.

Ohio Power of Attorney: The Basics

In Ohio, the Uniform Power of Attorney Act details the specifics of power of attorney and when it might be used. Under this act, there are two main types of power of attorney that you may be able to incorporate into your estate plan or will:

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 Posted on February 15, 2024 in Family Law

Child custody disputes can be some of the most emotional and challenging aspects of a divorce or separation. In Ohio family law cases, the court's primary concern is always the best interests of the child. When making decisions regarding child custody, Ohio courts consider various factors to determine what arrangement will be most beneficial for the child's overall well-being. A skilled and experienced family law attorney can help you understand these factors and provide you with insight into how child custody decisions are made in Ohio.

Types of Child Custody

In Ohio, there are two general categories of child custody, which are usually referred to as legal custody and physical custody. Parents will usually be able to share both types of custody, although the arrangements put in place will depend on the specific issues involved in an individual case. Legal custody is known as the allocation of parental responsibilities under Ohio law, and it involves the parents' rights to make important decisions regarding their children's upbringing, such as education, healthcare, and religious practices. Physical custody is known as parenting time, visitation, or companionship, and it addresses where a child will primarily reside and when they will spend time in the care of each parent.

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 Posted on January 18, 2024 in Criminal Defense

Domestic violence is a serious offense that can have long-lasting physical, emotional, and legal consequences. In the state of Ohio, domestic violence laws aim to protect people from abusive acts committed by family members or people who live in their households. However, there are some situations where people may be falsely accused of domestic violence, and they may face criminal charges based on a misunderstanding or claims made against them following a family dispute. If you are arrested and charged with domestic violence in Ohio, it is crucial to understand the potential penalties you may face. By working with an experienced attorney, you can determine your best options for defending against a conviction and minimizing the penalties to your life, your family, your reputation, and your career.

Misdemeanor vs. Felony Domestic Violence Charges

In Ohio, domestic violence charges can either be classified as misdemeanors or felonies depending on various factors such as the severity of the offense and a person’s prior criminal history. In general, a person may be charged with domestic violence if they purposely or recklessly cause a family member to suffer physical harm or if they threaten to harm a family member. A person may also face criminal charges if they are accused of using threats or force to cause a member of their family or household to believe that they will suffer physical harm.

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 Posted on November 16, 2023 in Estate Planning

When it comes to estate planning, many people focus on making decisions about how their assets should be distributed after passing away, and they may create wills or trusts to ensure that their wishes will be carried out correctly. While this is an important aspect of estate planning, it is also important to consider how a person’s needs will be met during the rest of their lifetime. These can be especially crucial issues to address as a person ages, since they may not be able to fully care for themselves when they reach an advanced age, but they will still want to make sure the decisions they have made about their healthcare will be followed correctly. Advanced medical directives that address these issues can play an important role in your estate plan.

Understanding the Options for Advance Medical Directives

An advance medical directive is a legal document that allows you to make decisions about your healthcare in the event that you become unable to communicate or make decisions for yourself. These directives ensure that your wishes regarding medical treatment and end-of-life care are known and that your desires will be respected, regardless of what may happen to you in the future.

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