If you suspect that your loved one is being abused in their nursing home, you can file a civil suit against the nursing home. However, it can be difficult to prove damages—that is, that the nursing home caused your loved one harm. Since nursing home residents are often already in ill health and expected to decline further, it’s crucial that you have solid evidence.

What You’ll Need to Prove

Typically, nursing home abuse cases are a type of negligence suit. You and your attorney will be required to prove all of the elements of your claim by a preponderance of the evidence, or a greater than 50 percent chance that your claim is true.

You’ll need to prove that:

• The nursing home owed your loved one a “duty of care,”
• The nursing home breached that duty, and
• Your loved one suffered harm as a direct result.

Damages might include physical, mental and emotional pain and suffering, the cost of medical treatment and, in particularly egregious cases, punitive damages. Punitive damages are meant to punish the defendant, as opposed to compensating the plaintiff for the harm suffered.

Proving Nursing Home Abuse

Because of the age and illness-related factors, proving that the nursing home is responsible for your loved one’s decline is difficult. Some elderly people have trouble articulating what has occurred, while in other cases, it’s difficult to prove that the harm suffered was due to an employee. After all, they’re not likely to create a paper trail that could get them in trouble, and ill health is not unusual in elderly people. Should they suffer from cognitive decline, it can be even harder.

If you suspect your loved one is a victim of nursing home abuse, try to document the situation as much as possible. Take notes about your observations, what the patient says and what you and other family members have observed during your visits. Photograph any injuries you notice as well as any medication given to your loved one. If you speak with the staff, write down factual summaries of what you talked about, as well as your emotional and personal impressions. The more detail you have, the better chance your case will succeed.

When your loved one has suffered nursing home abuse, be sure to contact an attorney as soon as possible. An experienced Ohio nursing home abuse attorney can speak with you today about your case. Call Dworken & Bernstein for a consultation.

# 1 – Avoid the Urge to Use Your Retirement Money

 While no one likes being shackled with debt, you should avoid the temptation to use your assets to pay off these debts.

In light of the coronavirus, people are allowed to take up to $100,000 from their 401(k) or individual retirement account without facing a penalty. While the withdrawals are taxable, people who can pay back the amount within three years can later amend their tax returns so they receive this amount back.

Despite this new law, however, it is still not a wise idea to pay a debt using retirement funds, that may likely be erased through bankruptcy.

# 2 – Avoid Letting the Cash Pile Up

It is important to have an emergency cash fund, but money placed in bank accounts is at risk of being seized by creditors. Fortunately, there are other options to protect your money. For example, some people elect to place funds in a Roth IRA, where any contribution can be withdrawn at any time without a tax penalty. 

# 3 – Resist the Urge to Sell Possessions

Many people think it is a good idea to sell possessions to pay off a debt. In reality, the bankruptcy process can discharge some debts without being forced to give up valued assets. 

Often, the best solution is to wait until after filing for bankruptcy protection. If you still think that selling off your belongings is a good idea, you may decide to do it then.

# 4 – Do Not Forget About Forbearance

 Due to the coronavirus pandemic, many lenders now allow borrowers to skip one or more payments. While this does not mean you must take advantage of this offer, it can be a welcome opportunity.

Remember, many unsecured debts can also be discharged in Chapter 7 bankruptcy. While it may be less common to erase secured debt via bankruptcy, taking advantage of these forbearance options can help you save money to pay for other necessities.

 # 5 – Do Not Hesitate to Retain a Bankruptcy Lawyer

Many people attempt to first resolve debt issues on their own. These people often worry that they will not have the funds to pay for a lawyer. By retaining the services of a skilled bankruptcy lawyer, you can avoid many potential complications.

Bear in mind, just because you consult with an attorney, does not mean you will automatically file for bankruptcy. After meeting with a knowledgeable bankruptcy attorney, some people discover their best option is not to file for bankruptcy protection.

 Speak with an Ohio Bankruptcy Attorney

 While it can be difficult to navigate, bankruptcy offers an opportunity to rebuild your credit. If you need the assistance of an experienced bankruptcy lawyer, do not hesitate to contact Dworken & Bernstein today.

If you are debating revising your estate plan, or are considering one, there are some critical issues to remember that can help you take control of the matter. The following will review some helpful tips to remember when working on your estate plan.

Signing Documents

In Ohio, certain requirements must be satisfied before estate planning documents are declared legally valid. Consider the following:

• Trusts are typically signed by the creator/settlor as well as two disinterested witnesses. There is not a requirement that the creator/settlor be witnessed or notarized for the trust to be effective, but meeting these additional formalities makes it much less likely that the trust will later be challenged.
• A last will and testament must be signed at the end by a testator whose signature is attested and subscribed in the presence of the testator by two or more competent and disinterested witnesses.
• A durable power of attorney must be signed at the end by the principal in the presence of a notary. It is also good practice to have two witnesses execute that document.
• Health care powers of attorney and living will declarations must be signed by the principal/declarant and two adult witnesses and/or be executed in the presence of a notary public.

As of May 2020, Governor DeWine has not passed an order enacting the ability to execute an electronic will or the power to sign documents through videoconferencing. Fortunately, there are various creative options that an attorney can help you utilize to sign these documents even during the coronavirus pandemic.

Advice on Drafting a Will and Power of Attorney

Certain risks arise from not having a will or power of attorney. Rather than let Ohio law dictate how your health or estate are handled, these documents allow individuals to make their own decisions about how these matters should be approached. In situations in which a power of attorney is not in place, a family might be required to petition the court so a guardian can be appointed for the person who needs assistance.

Guardianship proceedings are much more costly than creating a power of attorney document. As a result, attempting to save some money by not creating these documents can result in substantial complications down the road.

Wills are Still Necessary During a Pandemic

Wills are an excellent way to express your intentions for how your estate should be handled to your family and loved ones. If you do not have a will, Ohio state law will dictate what should be done with your property.

Also if you have young children, wills provide you with the opportunity to name a guardian who can take care of your children in case something happens to you.

Speak with an Experienced Estate Planning Lawyer

Despite the availability of DIY online estate planning documents, these documents do not come with the peace of mind of knowing that a knowledgeable attorney has crafted and approved your plan. To make sure your estate planning goals are achieved, retain the assistance of an estate planning attorney. Contact Dworken & Bernstein today for assistance.

The most recent Centers for Medicare & Medicaid Services guidance for nursing homes will result in a decrease in regular inspections due to COVID-19. Rather than routinely examine nursing homes, inspections are only performed when Immediate Jeopardy exists.

COVID-19 Nursing Home Cases in Ohio

Ohio is just one of several states that have already reported coronavirus outbreaks at nursing homes. One example occurred at the end of March 2020 when 31 people who lived, worked, or visited a nursing home in Troy came down with COVID-19 symptoms, and one person died as a result of the condition. While COVID-19 is a deadly disease, the virus is particularly deadly in nursing homes where elderly people are in a group setting and diseases can run rampant. Additionally, many times nursing home occupants are not in the best health possible.

While the exact result of these nursing home COVID-19 outbreaks is still uncertain, it is likely that inadequate staffing, poor living conditions, or other types of nursing home abuse have the potential to increase the ease with which the disease spreads among nursing home occupants. The best nursing homes are currently taking precautionary measures to make sure that patients with any COVID-19 symptoms are sufficiently separated from other nursing home residents.

What Constitutes Immediate Jeopardy

The Centers for Medicare & Medicaid Services defines Immediate Jeopardy as any situation in which noncompliance has resulted in a risk of serious injury, serious harm, serious impairment, or fatalities. These situations must be promptly identified by inspectors, identified, investigated, and resolved with exigency. Immediate Jeopardy is the most serious type of category and results in substantial sanctions for medical providers, supplies, or laboratories. If an active COVID-19 is located during an Immediate Jeopardy situation, inspectors are requested to report the case to their agency, state health department, and the Centers for Medicare & Medicaid Services.

What the Three-Week Prioritization Period Means

On March 20, the Centers for Medicare & Medicaid Services commenced a three-week prioritization period. During this time, the agency is prioritizing only several types of surveys, which include:

• Complaints and incidents that are classified as Immediate Jeopardy
• Targeted Infection Control Surveys of providers located through collaboration with the Centers for Disease Control and Prevention and the HHS Assistant Secretary for Preparedness and Response
• Initial certification to increase the country’s health capacity

Surveys that fall into one of these categories will only be performed if inspectors have access to personal protective equipment.

Speak with an Experienced Nursing Home Abuse Attorney

If your loved one has experienced a serious injury or disease like COVID-19 due to neglect or abuse in a nursing home, remember that you have the right to pursue compensation. Contact Dworken & Bernstein today to obtain the assistance of an experienced attorney who will fight for the results you deserve.

Not Considering All of Your Options

When it comes to estate planning, people tend to make choices based on what they think they should be doing. In reality, there is simply no universal solution for what will work best. Instead, consider all of the various ways that you can achieve your goals. For example, the best way to deal with assets might involve creating a trust or making lifetime gifts. Your lawyer can ensure you lay out all of your options and choose the best ones for your situation.

Designating the Wrong Trustee 

Some people wonder if it is possible to be their own Trustee. There are some situations when doing this is an excellent idea. For example, if you engage in estate planning to control how assets will be handled at your time of death or incapacity, you can name yourself as the Trustee of a revocable living trust. Once you name yourself as the Trustee, you can then name the individual who will take control of your assets in case you become incapacitated or pass away. Assets are then placed in the trust. As the Trustee, you have continued access to and control over these assets in generally the same way that you did before creating the trust. If you pass away or become incapacitated, your successor trustee will take over as the trustee.

 Following the Wrong Advice

Not all advice is good, and there is a lot of it out there. To make sure that you receive the best advice possible, surround yourself with a team of knowledgeable estate planning professionals, which will likely include an estate planning lawyer and a financial advisor.

Using Trust Mills

When it comes to receiving advice, you should also be cautious of trust mills, which offer do-it-yourself forms that clients tailor to meet their estate planning goals. While these forms offer a quick and inexpensive method of estate planning, most people will not know that they have made estate planning errors while filling out these forms on their own. Like all other areas of law, estate planning is full of complex legal issues.

A detailed understanding of estate planning laws is required to make sure that a person avoids making any errors that will jeopardize the future of the estate. This is why you should reach out to an experienced estate planning attorney to help achieve your goals.

Failing to Account for All of Your Assets

Trusts and wills do not account for all of a person’s assets. Instead, some assets pass in accordance with a person’s life insurance plans or retirement accounts. Many people fail to adequately update the terms and designations in these separate accounts, which often results in these assets passing in a way that is not desired. Instead, retirement accounts should be periodically reviewed to make sure that they match your estate planning goals.

Contact an Experienced Estate Planning Lawyer

One of the best ways to reduce the weaknesses in your estate plan is to obtain the assistance of an experienced estate planning lawyer. Contact Dworken & Bernstein today to schedule a free case evaluation.

One popular option is a revocable living trust. There are differences between a revocable living trust (“trust”) and a last will and testament (“will”). The basic differences between them are outlined below.

Last Will and Testament Versus a Revocable Living Trust 

Many of us understand that a will provides a way to distribute assets to designated beneficiaries upon a death of a loved one. Wills are oftentimes the best choice, but a revocable living trust can provide additional benefits that are not available within a will. 

Some differences between a will and a trust include the following:

• A trust can be used to effectively leave assets to a minor or other person unable to make appropriate decisions regarding investments, disbursements, and expenditures.
• Wills often go through the probate process which is to validate your will, ensure your creditors are paid, and then distributes the remaining assets to your beneficiaries. Probate occurs in a court of law. Probate can be somewhat costly and time-consuming; in many instances probate leaves little funds behind for your beneficiaries. On the contrary, a trust typically does not go through probate process.
• Due to probate process, wills are public information. In fact, notices can be placed in newspapers or other public sources to provide creditors an opportunity to obtain the assets they are owed from an estate. A trust, however, remains private. Additionally, because of the private nature of a trust, disputes or contested matters from disgruntled family members occur less frequently.
• A will distributes assets from your estate after your death. A trust, on the other hand, enables you to distribute assets throughout your lifetime, and also upon your death.
• Unlike a will, a trust allows your designated trustee to make financial decisions on your behalf. This is especially important in the unfortunate situation you become incapacitated and are unable to do so.

Contact an Experienced Estates and Trusts Attorney

Wills and trusts are both powerful tools in the estate planning process. There are many tax ramifications, costs, and other important factors that go into crafting a perfect estate plan.

Consulting with an experienced estate attorney can help ensure your hard earned savings are maximized and protected. Contact the attorneys at Dworken & Bernstein at 440.946.7656, 216.861.4211 or online today for your free consultation.

How Long Does Bankruptcy Stay on a Credit Report?

Your credit report includes a financial score that demonstrates your financial health. This score can rise and fall depending on your financial circumstances. Any damage done to a credit score can ultimately repaired; however, depending on the type of bankruptcy you file, your credit report may be impacted for quite some time. A bankruptcy will be listed in the public records section of your credit report. If you file for Chapter 7 bankruptcy, it is typically reported for 10 years from the filing date. If you complete a Chapter 13 bankruptcy, it is typically reported for 7 years from the filing date.

Unfortunately, bankruptcy still appears on your credit report after the bankruptcy is over, and your debts are paid off or discharged. You can take steps to ensure your financial health begins to heal after bankruptcy. You do not have to wait a full 7 or 10 years for your credit score to improve.

Tips to Rebuild Your Credit After a Bankruptcy

There is no way to avoid having bankruptcy negatively impact your credit score. However, here are a few steps you can take to ensure a bankruptcy does not impact your credit score any more than it has to.

• Accuracy of Bankruptcy Records. There are three credit reporting agencies. After a bankruptcy, obtain a copy of your credit report from all three agencies. Study them carefully to make sure the correct amounts and creditors were listed in your bankruptcy and designated as “discharged” or “included in bankruptcy.” Any errors in your credit score can be reported and fixed.
• Secured Credit Card. A secured credit card is one where you pre-pay an amount and then can spend up to the monetary limit you have placed on the card. A secured credit card can rebuild your credit score by demonstrating you can use credit responsibly.
• Continue to Monitor Your Credit Reports. You are allowed one free copy of your credit report annually from all three agencies. You should check your credit score and credit report annually, at the very minimum. You can also pay for a service to monitor your credit to ensure that no fraudulent activity has occurred and adversely affected your credit.

Contact an Experienced Bankruptcy Attorney Today

If you are considering filing for bankruptcy, it is likely that choosing a Chapter 7 or Chapter 13 bankruptcy will relieve you of a lot of your financial burdens. You may have many questions about the bankruptcy process, or how your credit will be impacted. Contact the bankruptcy attorneys at Dworken & Bernstein at 440.946.7656, 216.861.4211, or online today for your free consultation. We’ll help you understand which bankruptcy would be right for you, and how it will affect your financial future.

Originally published on May 15, 2017

Ohio Nursing Homes Below the National Average

A new report by Miami University in Oxford, Ohio based upon statistics from 2013, shows the quality of care in Ohio nursing homes has been lower than the national average. The report examined residents who stayed in a nursing home for 100 days or more. It ranked Ohio below the national average on 10 quality measures used by Medicaid and Medicare. Those include urinary tract infections, unexplained weight loss, pain, ulcers and use of antipsychotic drugs.

The report shows a clear difference in the quality rankings of for-profit nursing homes as compared to non-profit or government-owned facilities. 79% of nursing homes in Ohio are for-profit businesses. As a group, they were below national averages on all 10 quality indicators. Non-profit facilities tend to have more staff available for care than do their for-profit counterparts.

You can read the report for yourself here at

https://miamioh.edu/cas/academics/centers/scripps/research/publications/2017/05/quality-care-ohio-skilled-nh.html

The agency that provides Ohio’s nursing home inspectors — the officials charged with making sure the state’s most vulnerable receive proper care — is understaffed by at least a dozen employees and, for years, has failed to meet federal deadlines for evaluating facilities.

You can review this report here: http://www.cleveland.com/metro/index.ssf/2017/04/ohio_nursing_home_inspectors_f.html

Dworken & Bernstein Co., L.P.A. is a full-service law firm that has represented businesses and individuals in Northeastern Ohio for more than 50 years.

To learn more, in Lake County, call 440.946.7656, in Cuyahoga County, call 216.861.4211