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Charles signed a durable financial power of attorney (“POA”) more than a decade ago, naming his son, William, as his agent. As Charles' cognitive abilities gradually declined, William began handling his father's banking and financial affairs, including paying bills and managing accounts. Recently, William visited Charles' bank to transfer funds needed to pay ongoing expenses. When he presented the POA, a new bank clerk reviewed the document and informed him that it was "too old" and that the bank would require a more recently executed POA before allowing the bank transaction. This posed a big problem since Charles no longer had the mental capacity to execute a new POA. Is the bank correct? Does a POA expire simply because it was signed many years ago? And what options does an agent have when a financial institution refuses to accept an older, but otherwise valid, POA? In Ohio, a durable power of attorney does not become invalid simply because it was signed many years ago. A properly executed financial POA may remain fully effective for decades, provided: The principal is still living; The principal has not revoked the POA; The document does not contain an expiration date or terminating event; The purpose of the POA has not been completed; and No other statutory termination event has occurred. In other words, a durable financial POA does not expire merely because it is old. Although Ohio law recognizes older powers of attorney, banks frequently request more recent documentation. This is usually a matter of internal risk-management policy rather than a requirement of Ohio law. Financial institutions may have concerns that the principal revoked the POA or executed a newer one naming a different agent. Since banks face potential liability if they allow an unauthorized person access to an account, older documents often receive additional scrutiny. To reduce uncertainty, a bank may request supporting documentation before accepting an older POA. Ohio law specifically provides for an "Agent's Certification as to the Validity of Power of Attorney and Agent's Authority." This certification allows the agent to affirm, under penalty of perjury, that: The principal is alive; The principal has not revoked the power of attorney; The agent's authority has not terminated; Any required triggering event has occurred, if applicable; and The agent is properly serving as a successor agent, if designated as one. An agent's certification is often sufficient to address a bank's concerns. If the bank still refuses to accept the document, legal counsel may be able to assist. In many cases, financial institutions will accept an attorney's opinion letter confirming that the POA remains valid and effective. When a bank demands a newer POA, it is important to understand the difference between the bank's internal policies and Ohio law. By providing the appropriate certifications, and, when necessary, obtaining legal assistance from a trusted attorney, agents can often secure recognition of a valid existing POA. If those efforts are unsuccessful, the most practical solution may be transferring the accounts to a financial institution with more reasonable POA policies. If you need legal support, Laribee Law, LLP is here to assist you. Michael Laribee is a partner in the Medina law firm of Laribee Law, LLP. This article is intended to provide general information about the law. It is not intended to give legal advice. Readers are urged to seek advice from an attorney regarding their specific issues and rights.
Keeping residential rental properties safe isn’t just good practice for landlords - it is required by Ohio law. Landlords of residential rentals have a statutory duty to maintain properties in a safe and fit condition that is suitable for habitation. They cannot simply collect rent while ignoring serious safety violations. The Ohio Landlord-Tenant Act sets forth the basic obligations related to the condition of rental properties. Landlords must do all of the following: comply with applicable building, housing, health, and safety codes that materially affect health and safety; make all repairs necessary to keep the premises in a fit and habitable condition; keep common areas safe and sanitary; maintain electrical, plumbing, heating, ventilating, and air conditioning systems in good and safe working order (when required to be supplied by the landlord); and supply running water, reasonable amounts of hot water, and reasonable heat (unless the dwelling unit is individually metered and the tenant controls those utilities). When a landlord fails to meet these duties, Ohio law provides tenants with structured remedies. Tenants are not allowed to simply withhold rent from the landlord until repairs are made. Likewise, tenants cannot simply move out of the premises. The tenant must first give written notice to the landlord specifying the acts, omissions, or code violations that constitute the noncompliance. The tenant must deliver the notice to the person or place where rent is normally paid. After receiving written notice, the landlord must remedy the condition within a reasonable time (30 days or sooner depending on the severity of the issue). If the landlord fails to correct the problem within the required time, the tenant may then do one of the following: 1. Deposit rent with the clerk of the municipal or county court instead of paying the landlord directly. 2. Apply to the court for an order directing the landlord to remedy the condition. The court will determine whether the landlord is in violation of the Landlord-Tenant Act, if the condition materially affects health and safety of the tenant, and whether the tenant gave the landlord proper written notice of the condition. Minor repairs, routine maintenance items, and cosmetic conditions do not qualify. If these requirements are met, the court may order repairs, authorize a rent reduction, or permit the tenant to use escrowed rental payments to make the required repairs. Generally, a court will not order complete rent abatement unless the premises is uninhabitable. 3. Terminate the rental agreement. Please note that a landlord may dispute the grounds for termination in court. It is important to note that the tenant’s remedies are only available if the tenant is current with all rental payments under the lease. Also, these remedies are not available if the landlord owns three or fewer rental units and has provided notice of that fact to the tenant. If you believe your landlord has violated the Landlord-Tenant Act, it is wise to consult with a trusted attorney to make sure all tenant remedies are available. Laribee Law, LLP is here to assist you. Michael Laribee is a partner in the Medina law firm of Laribee Law, LLP. This article is intended to provide general information about the law. It is not intended to give legal advice. Readers are urged to seek advice from an attorney regarding their specific issues and rights.
Rising real property taxes are increasingly concerning older homeowners. For many retirees, higher tax bills are difficult to manage on fixed incomes. Fortunately, Ohio offers a measure of relief through the Homestead Exemption program. The Homestead Exemption is a property tax reduction available to qualifying homeowners. It applies to primary residences and the surrounding land not exceeding one acre. Primary residences include single-family homes, units in a multi-family dwelling, and manufactured or mobile homes taxed as real property. Essentially, the program reduces the taxable value of your home for tax purposes. If you qualify, the exemption reduces your home’s taxable value by up to $25,000 of the property’s true value. This results in a smaller annual tax bill. To qualify for the Homestead Exemption, an applicant must be 65 years of age or older, or permanently and totally disabled. It is also available to disabled military veterans with a permanent, total service-connected disability and the surviving spouse of a peace officer, firefighter, or emergency responder who died in the line of duty or from a related injury or illness. There is also an income cap for most homeowners to qualify. Currently, a homeowner’s total income must not exceed $30,000. “Total income” refers to the modified adjusted gross income of the owner and the owner’s spouse for the preceding tax year. Homeowners must own and occupy the home as their principal residence as of January 1 of the year they file the application. The application is filed with the county auditor of the county in which the property is located. Typically, applicants need to provide proof of age or disability and income documentation with the application. The county auditor must approve or deny the application within 30 days. If the application is approved, the county auditor will apply the reduction directly to the homeowner’s property tax records. The Homestead Exemption generally continues automatically in future years, provided the homeowner remains eligible. If the application is denied, the county auditor will provide a notice explaining the reason. Applicants then have the right to appeal the decision to the county board of revision within 60 days. It is important to note that the Homestead Exemption does not transfer automatically if the homeowner moves. A new application must be filed for any new qualifying property. Also, homeowners must notify the county auditor if they later become ineligible. Meanwhile, lawmakers in Ohio continue to debate expanding the Homestead Exemption. Recent proposals include increasing the exemption amount and raising income limits to include more homeowners. While no major expansion has been enacted, the discussions reflect a desire to address the financial pressure of property taxes on seniors. As rules and income limits for the Homestead Exemption may change, seniors who believe they may qualify—or who are unsure—should consult their county auditor or trusted attorney for assistance. Laribee Law, LLP is here to assist you. Michael Laribee is a partner in the Medina law firm of Laribee Law, LLP. This article is intended to provide general information about the law. It is not intended to give legal advice. Readers are urged to seek advice from an attorney regarding their specific issues and rights.
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Living wills allow competent adults to state preferences for life-sustaining treatment (e.g., ventilators, feeding tubes) under specific conditions. In Ohio, a living will becomes operative when two physicians certify that the patient is either terminally ill or permanently unconscious and unable to make informed medical decisions. If, in light of the patient’s condition, the attending physician determines that life sustaining treatment should be withheld or withdrawn, they must document this in the patient’s medical record and make a good-faith effort to notify those individuals named in the living will as contacts. But what happens if the patient’s family or loved ones disagree with the physicians’ medical opinion? Ohio law provides a formal objection process to challenge the physicians’ findings. The challenger must notify the attending physician of the objection within 48 hours and file a complaint in probate court within two business days. The complaint must identify the patient, state the relationship, and specify which determination is contested. Typical grounds include: • Incorrect medical findings (e.g., diagnosis of terminal or permanent unconscious status); • Wrong assessment of the patient’s decision-making capacity; • Reasonable possibility that patient will regain capacity to make decisions; • Proposed action not permitted by the living will; • Living will executed under duress, fraud, or undue influence; or • Living will does not comply with Ohio statutory requirements. The probate court must serve all interested parties with a copy of the complaint within three days after its filing and must conduct a hearing at the earliest possible time, but no later than the third business day after service has been completed. Immediately following the hearing, the court must issue a written order, which may: • Uphold the living will and physicians’ findings; • Direct reevaluation of the patient’s condition or capacity; or, • Declare the living will invalid and prevent its implementation. Disputes involving end-of-life care are legally complex and deadlines to challenge doctors’ findings under a living will are quite short. If you are presented with such a case, it is wise to consult with a trusted probate attorney to assist you. Laribee Law, LLP is here to assist you. Michael Laribee is a partner in the Medina law firm of Laribee Law, LLP. This article is intended to provide general information about the law. It is not intended to give legal advice. Readers are urged to seek advice from an attorney regarding their specific issues and rights.
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A living will is an important part of an estate plan that allows a competent adult (the “declarant”) to state his or her preferences for medical treatment in certain situations. Unlike a last will and testament that directs how property and assets should be distributed after death, a living will allows the declarant to decide in advance whether they want life-sustaining treatments, like a ventilator, CPR, or a feeding tube, in the event they become terminally ill or permanently unconscious and when can no longer communicate their wishes. To be clear, a living will is only effective when the declarant is unable to speak for themselves and direct their healthcare. For purposes of a living will, a terminal condition is defined as an irreversible, incurable and untreatable condition caused by disease, illness or injury from which there can be no recovery and death is likely to occur within a relatively short time if life-sustaining treatment is not administered. A permanently unconscious state is defined as an irreversible condition in which the declarant is permanently unaware of himself or herself and surroundings and is unable to suffer or feel pain. At least two physicians must examine the declarant and confirm the declarant’s condition. The physicians must also determine that there is no reasonable possibility that the declarant will regain the capacity to make informed decisions and that the life-sustaining treatment would mainly prolong the process of dying. If the declarant is either in a terminal condition or in a permanently unconscious state, the living will directs the declarant’s physician to issue a DNR (do not resuscitate) order and to allow the declarant to die naturally. The declarant’s physician would administer no life-sustaining treatment, including CPR, however the declarant would receive comfort care necessary to make the declarant comfortable and to relieve their pain. The living will must be signed by the declarant at the end of the document and witnessed by two witnesses or notarized by a notary public. The witnesses must be adults who are not related to the declarant by blood, marriage, or adoption, who are not the attending physician of the declarant, and who are not the administrator of any nursing home in which the declarant is receiving care. If a declarant has both a living will and a valid durable power of attorney for health care, the living will supersedes the durable power of attorney for health care to the extent that the provisions of the documents would conflict. In other words, a health care agent cannot override the declarant’s wishes in a living will. A living will has no expiration date. However, a declarant can revoke the living will by notifying their physician and physically destroying the original and all copies. Hospitals and physicians are permitted to rely on a copy of the living will instead of the original. Further, the living will often includes a statement that the declarant intends that the living will be honored in another state to the extent allowed by law. Ultimately, a living will allows a declarant to control their healthcare. It reduces stress for loved ones and prevents disagreements among family members during emotional situations. By clearly stating healthcare wishes in advance, you ensure that your voice is heard when you are unable to communicate your wishes. It is important to seek the assistance of an attorney to make sure that the living will is properly prepared and executed. Laribee Law, LLP is here to assist you with preparation of a living will and your other estate planning documents. Michael Laribee is a partner in the Medina law firm of Laribee Law, LLP. This article is intended to provide general information about the law. It is not intended to give legal advice. Readers are urged to seek advice from an attorney regarding their specific issues and rights.
Felix and Oscar were lifelong friends. Oscar decided it was time to get his estate planning in order. So, he hired an attorney who drafted several documents including a durable financial power of attorney. Oscar named Felix as his agent. The power of attorney granted Felix the ability to manage Oscar’s checking accounts, savings accounts, certificates of deposit, money market accounts, brokerage accounts, retirement accounts, insurance policies, and tax matters. Oscar provided Felix with a copy of the executed power of attorney so Felix could manage his financial affairs in the event of Oscar’s incapacity. Oscar did not, however, discuss the details of his finances with Felix. Several years passed. Oscar was hospitalized after a sudden illness and was unable to attend to his finances. Felix went to Oscar’s apartment to locate his checkbook and statements. While Oscar’s new estate planning documents were well organized, his financial records were not. Oscar’s apartment was littered with random receipts and outdated papers. Despite a valiant effort, Felix could not locate any current bank statements. Felix did not know where Oscar maintained his accounts. Furthermore, he could not access Oscar’s computer or his online banking. It took months for Oscar to recover and unfortunately, his bills went unpaid during that time. A power of attorney is a legal tool that grants a trusted individual (known as the agent or attorney-in-fact) the legal authority to manage finances, pay bills, access bank accounts, and handle other critical tasks for another person (known as the principal), especially during the principal’s illness or incapacity. One of the most important steps in preparing a power of attorney is ensuring the agent has access to the principal’s financial information. This includes account numbers, bank names, online login credentials, computer passwords, mobile phone passcodes, and contact information for the principal’s accountant, attorney, or financial planner. If the agent does not have quick access to account information, he may be unable to carry out essential responsibilities listed in the document. This, in turn, could lead to delays, missed payments, frozen accounts, penalties, or disruption in services. The principal can provide the agent his financial information through a secure password manager, a sealed list of credentials stored in a safe location, or through regular discussions. If the principal keeps important documents in a safe or lockbox at home, the agent should have the combination. After creating a power of attorney, you should carefully organize and share your financial and digital access information with your agent so they may act swiftly and efficiently in times of need. This assures your finances are managed responsibly and without unnecessary complication. A trusted estate planning attorney can assist with drafting your documents and provide the guidance to make sure they are used effectively. Laribee Law, LLP is here to serve you. Michael Laribee is a partner in the Medina law firm of Laribee Law, LLP. This article is intended to provide general information about the law. It is not intended to give legal advice. Readers are urged to seek advice from an attorney regarding their specific issues and rights.
William and Kate were looking for their first home to raise a family. They fell in love with a small bungalow in the city. The neighborhood was quaint with houses built close together. Like many of the houses on the street, the bungalow shared a driveway with the neighboring property. William and Kate thought this added a sense of charm and community. William and Kate signed a purchase agreement with the seller. They received a title report from the escrow agent but failed to read through the documents carefully. The transaction closed quickly, and William and Kate moved in. Within a few weeks, issues arose related to the shared driveway. Their neighbor, Harry, and his guests would park cars in the driveway, completely blocking access to William and Kate’s garage. Sometimes, Harry would leave equipment and tools strewn across the driveway. William and Kate parked in the street rather than confronting Harry. After the first big snowstorm, William and Kate asked Harry to share in the cost to plow the driveway. Harry just laughed and said that the cost was their responsibility. When William and Kate examined their title work, they realized that the driveway was located entirely on their property and that the easement gave Harry an unlimited right to use it. The easement placed no restrictions on Harry’s use whatsoever. It did, however, provide that William and Kate were responsible for all costs associated with maintenance and snowplowing. An easement is a limited interest in real property, usually taking the form of a right to use the property in a certain way. Easements are used for roadways, common driveways, and utility lines and facilities. They are often created by a recorded document that describes the easement area and the terms of use. Sometimes an easement is found within a deed as a reservation from the land being conveyed. Driveway easements usually provide that one property owner (the dominant estate) has the right to use part of a neighbor’s land (the servient estate) to access their home or property. Most driveway easements are permanent and “run with the land” which makes them binding on all future owners unless they are mutually terminated. Driveway easements may be problematic when the document does not clearly define rights and obligations. Ohio law does not automatically assign responsibility for the upkeep of a shared driveway. Unless the easement agreement clearly spells out all obligations, neighbors may find themselves in a dispute. A well drafted easement should: • clearly define the easement area (usually with a survey and plat drawing); • state the duration of the easement (most often, it will be permanent and binding on future owners); • set forth the scope of the easement (i.e. ingress and egress by passenger vehicles only); • provide that the easement is non-exclusive, and that the dominant estate may not interfere with the servient estate’s use of its property; • list limitations on use (i.e. no parking vehicles or storage of equipment in the easement area; no access by heavy construction vehicles that may damage the driveway surface); • allocate responsibility for maintenance (i.e. splitting the cost of snowplowing, repairs, and replacements); and, • provide for liability and indemnification (i.e. the dominant estate must pay for damage it causes and defend the servient estate in any lawsuits arising from the dominant’s use of the driveway). An easement can also affect the value of each property. For the dominant estate, it provides the benefit of necessary access to the road. However, for the servient estate, it reduces privacy and limits how the property can be used. These conditions could make the property less appealing to future buyers. It is important to review title reports and easements with a trusted attorney when purchasing property. That way, a buyer may identify ambiguities in the documents that could otherwise lead to disputes and costly litigation. Laribee Law, LLP is here to assist you. Michael Laribee is a partner in the Medina law firm of Laribee Law, LLP. This article is intended to provide general information about the law. It is not intended to give legal advice. Readers are urged to seek advice from an attorney regarding their specific issues and rights.