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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of the patient’s condition, the attending physician determines that life sustaining treatment should be withheld or withdrawn, they must document this in the patient’s medical record and make a good-faith effort to notify those individuals named in the living will as contacts.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.

Estate planning is often a neglected part of personal finances. Let’s face it: people do not look forward to leaving their loved ones behind. They often postpone the task as the issues of everyday life take priority. However, a well-structured estate plan ensures that your family is prepared for your passing. It will most certainly alleviate emotional, financial, and legal burdens during an emotional time. Organizing your estate planning documents, passwords, account information, and funeral arrangements is key. Here are a just few reasons why it is so crucial to get started right away: 1. Simplify Tasks for Family Surviving family members are often left to sort through piles of paperwork of a deceased loved one. Without clear directions, surviving loved ones may be overwhelmed by locating important documents such as last wills and testaments, funeral instructions, bank accounts, brokerage statements, and insurance policies. Separating the most important documents in one place will prevent confusion and unnecessary delays in settling your affairs. It may also prevent unnecessary costs. 2. Your Wishes Will Be Clear Organizing your estate documents ensures that your wishes will be honored after you are gone. By clearly outlining your instructions for assets, funeral arrangements, and other important matters, you provide a roadmap for your family. This is especially important if there are specific directions regarding division of assets or possible conflict among family members. The clearer your intentions, the less room there is for misinterpretation. You should review your estate planning documents periodically to address any changes in your life such as the death of intended beneficiaries. 3. Simplify the Legal Process The legal process of settling an estate can be long, expensive, and complicated, especially if your affairs are disorganized. As a general rule, most people do not want their assets to be part of a probate court administration. A well-structured estate plan will pass assets to beneficiaries without the difficulties and cost of probate court. The surviving family members will have access to funds more quickly and can proceed with selling or distributing assets without delay. 4. Family Can Locate and Access Account Information Our financial lives are filled with numerous accounts, passwords, and online log-in credentials. Most people no longer receive monthly paper statements in the mail that would otherwise provide details about banking and retirement accounts. Your family may not even know where you hold your accounts, let alone whether you have named transfer on death beneficiaries. It is important to keep a secure list of usernames, passwords, and account information in a safe, accessible location. Consider using a password manager to securely store passwords. Without ready access to this information, surviving family members may find it difficult to locate and properly manage your assets. 5. Simplify Funeral Arrangements One of the most difficult tasks for surviving family members is making funeral arrangements under emotional stress. There is a wide range of funeral options, many of which are quite expensive. Establishing a pre-arranged funeral plan can relieve your loved ones from making these decisions during a time of grief. 6. Identify Outstanding Debts Ohio law provides that most creditors must submit formal claims in a probate estate within six months of the date of death. Organizing your debt obligations, including current credit card statements, mortgage documents, and promissory notes, will help your family identify your current obligations and prioritize payments. They can determine which claims are valid and which claims are barred by the six-month claim deadline. Organizing estate planning documents and related accounts will create a comprehensive overview of your current finances. Your family will learn more about your financial status. Moreover, they will understand how you expect them to manage your affairs upon your death. Laribee Law, LLP help you develop and organize the right estate plan that is right for 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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