A trust holds legal title to property. You as the “Settlor” hold legal title to the property in the trust. The settlor keeps all the benefits of the property placed into the trust. The terms of the revocable trust are established in a written agreement signed by the settlor and the trustee, and spell out what happens to the trust property during both the settlor’s life and following his or her death. Frequently, the settlor serves as his or her own trustee during the settlor’s lifetime. A "living trust" is a trust you create while you are alive it varies from a trust that is created at death under your will.
The main advantage to a living trust is property left through the trust does not have to be submitted to the probate court process and it is a private matter. Control of your assets in another reason. The living trust will speed the process of transferring all your assets and reduce the probability of litigation among your heirs. The probate process is the court-supervised process of paying your debts and distributing your property and is a public record available to everyone. The average probate drags on for months before the inheritors get anything. When you have a trust and die, your successor trustee (the person you appointed before your death) simply transfers ownership of property to the beneficiaries you named in the trust. To make the trust effective, you must fund your trust. To fund the trust all property to be distributed under its terms must be transferred into the name of the trust using a deed or other transfer documents.
If you answer “yes” to any of the following questions, you may want to consider a revocable living trust:
1. Do you want to avoid probate, its expense, and keep your estate a private matter.
2. Do you have childred or beneficiaries under the age of 25?
3. Do you have children with special needs that will never be able to financially support themselves?
4. Are you on bad terms with any of your heirs?
5. Are any family members physically ill?
6. Are you in a second or third marriage?
7. Do you have a financial interest in a business?
8. Is any family member bad at managing money?
9. Do you own real estate of any value in more than one state?
Does everyone need a living trust, NO. Living trusts do have a downside. Compared to wills, living trusts are more time consuming to establish, more expensive to create, involve more ongoing maintenance and are more trouble to modify. There are longer statute of limitations for a challenge to a trust. A challenge to a will must be made within three months of its probate as compared to two years for a trust.
Saturday, February 27, 2010
Auto Accident - Personal Injury
According the National Highway Traffic Safety Administration (NHTSA) 2008 national statistics, injuries in traffic crashes:
If you have been involved in a traffic accident, after you are safe and secure, and capable:
1. Write down as much as you can about the accident and injury. Who, What, When, Where, Why, How, Witnesses, all losses your aware of (wages, etc.). Get as many names of people that was involved or know about your accident & injuries.
2. Make notes of conversations that you have with people involved in the accident or the injury (police, ambulance personnel, tow truck driver, nurse, doctor, social worker, hospital or nursing home personnel, etc.) Try to write the day, time, name of person and what you talked about.
3. Save and keep all evidence. Take pictures of the accident and/or your injuries (try to use a good camera (best and most reliable) but cell phone pictures will be ok if that is all you have. Collect any physical evidence (paperwork, etc.) Think CSI, what will help me prove this person injured me and cause my damages.
4. Locate people who witnessed the accident or the nurse, doctor, dentist, chiropractor, nursing home personnel that caused the injury and who might be able to help you prove your case.
5. Keep a daily diary of how you feel after the injury: amount of pain (1-10), medicine your taking and if any reactions or how medicine is making you feel, take pictures of how your injury is healing or not, take pictures of any injuries or bruises that pop up after the accident, sometimes they will not show up for a day or two. Write anything you feel is a concern or unusual.
6. Ohio has time limits in which you must file your claim. Ohio has certain time limits, called "statutes of limitations," in which you must file a personal injury lawsuit. If you miss the deadline for filing a case, your case is thrown out of court. There are different time limits for the various personal injury type cases.
5,777,000 non-fatal crashes
2,072,000 persons injured
96,000 motorcyclists injured
69,000 pedestrians injured
52,000 bicyclists injured
If you have been involved in a traffic accident, after you are safe and secure, and capable:
1. Write down as much as you can about the accident and injury. Who, What, When, Where, Why, How, Witnesses, all losses your aware of (wages, etc.). Get as many names of people that was involved or know about your accident & injuries.
2. Make notes of conversations that you have with people involved in the accident or the injury (police, ambulance personnel, tow truck driver, nurse, doctor, social worker, hospital or nursing home personnel, etc.) Try to write the day, time, name of person and what you talked about.
3. Save and keep all evidence. Take pictures of the accident and/or your injuries (try to use a good camera (best and most reliable) but cell phone pictures will be ok if that is all you have. Collect any physical evidence (paperwork, etc.) Think CSI, what will help me prove this person injured me and cause my damages.
4. Locate people who witnessed the accident or the nurse, doctor, dentist, chiropractor, nursing home personnel that caused the injury and who might be able to help you prove your case.
5. Keep a daily diary of how you feel after the injury: amount of pain (1-10), medicine your taking and if any reactions or how medicine is making you feel, take pictures of how your injury is healing or not, take pictures of any injuries or bruises that pop up after the accident, sometimes they will not show up for a day or two. Write anything you feel is a concern or unusual.
6. Ohio has time limits in which you must file your claim. Ohio has certain time limits, called "statutes of limitations," in which you must file a personal injury lawsuit. If you miss the deadline for filing a case, your case is thrown out of court. There are different time limits for the various personal injury type cases.
Dissolution of Marriage
A dissolution of marriage is a “no-fault” legal proceeding to dissolve or terminate a marriage. The two parties file a joint petition in which the court reviews and permits the agreement to divide property, allocate debt, establish parental rights, spousal support, child support, etc., and terminate the marriage. All issuses need to be resolved or the court will not permit the dissolution and a divorce must be sought. Parties would choose dissolution over divorce in terminating their marriage because it avoids conflicts, confrontations, less expensive, quicker, and the outcome is more predictable.
One of the parties must be a resident of Ohio for at least six months immediately preceding the filing of the petition. The dissolution petition must be signed by both parties. A separation agreement must be attached to the petition. The separation agreement shall provide for a division of all property; spousal support; if there are minor children of the marriage, the allocation of parental rights and responsibilities for the care of the minor children, the designation of a residential parent and legal custodian of the minor children, child support, and parenting time rights; and, if the spouses so desire, an authorization for the court to modify the amount or terms of spousal support provided in the separation agreement. If there are minor children of the marriage, the spouses may address the allocation of the parental rights and responsibilities for the care of the minor children by including in the separation agreement a plan under which both parents will have shared rights and responsibilities for the care of the minor children. An attorney should only represent one of the parties and not both.
One of the parties must be a resident of Ohio for at least six months immediately preceding the filing of the petition. The dissolution petition must be signed by both parties. A separation agreement must be attached to the petition. The separation agreement shall provide for a division of all property; spousal support; if there are minor children of the marriage, the allocation of parental rights and responsibilities for the care of the minor children, the designation of a residential parent and legal custodian of the minor children, child support, and parenting time rights; and, if the spouses so desire, an authorization for the court to modify the amount or terms of spousal support provided in the separation agreement. If there are minor children of the marriage, the spouses may address the allocation of the parental rights and responsibilities for the care of the minor children by including in the separation agreement a plan under which both parents will have shared rights and responsibilities for the care of the minor children. An attorney should only represent one of the parties and not both.
Monday, February 22, 2010
Body Art and Tattoo's at Work
Body art and tattoos in the workplace, OH MY! What does an employer do if a receptionist reports for work on Monday morning wearing several large earrings, multiple eyebrow piercings, pierced lips, tongue piercing, and a wildly inappropriate neck tattoo? The employer can remind the employee about the company’s dress code policy and ask the employee to cover the piercings and tatto however, the employee replys. “I cannot cover them up because it is required by my new church and against my religious beliefs”. The employer fires the receptionist. The employee sues. Does she win?
No, the employee loses this one. In general, employers can enforce reasonable job related workplace appearance rules if applied consistently. However, cultural or religious exemptions from a corporate dress code may apply for some eastern religions especially if they practice Ayurvedic medicine. Even the Church of Body Modification does not require that piercings remain in the body at all times. Employers should not ask if a facial piercing is linked to religious observance. An employer should inform the employee that the piercing is not permitted and against the company’s dress code. If the employee says the piercing is for religious observance, the manager should neither accept that reason at face value nor dismiss that reason at face value but instead consult with human resources.
According to a study published in the Journal of American Academy of Dermatology in June, half of people in their 20s have either a tattoo or a body piercing other than traditional earrings and 15 percent of those people have tattoos on their face, neck or hands.
The leading case on body art and tattoos is Cloutier v. Costco Wholesale, 311 F.Supp.2d 190 (D.Mass. 2004)
No, the employee loses this one. In general, employers can enforce reasonable job related workplace appearance rules if applied consistently. However, cultural or religious exemptions from a corporate dress code may apply for some eastern religions especially if they practice Ayurvedic medicine. Even the Church of Body Modification does not require that piercings remain in the body at all times. Employers should not ask if a facial piercing is linked to religious observance. An employer should inform the employee that the piercing is not permitted and against the company’s dress code. If the employee says the piercing is for religious observance, the manager should neither accept that reason at face value nor dismiss that reason at face value but instead consult with human resources.
According to a study published in the Journal of American Academy of Dermatology in June, half of people in their 20s have either a tattoo or a body piercing other than traditional earrings and 15 percent of those people have tattoos on their face, neck or hands.
The leading case on body art and tattoos is Cloutier v. Costco Wholesale, 311 F.Supp.2d 190 (D.Mass. 2004)
Americans with Disabilities Act ("ADA")
The Americans with Disabilities Act (“ADA”) is a federal civil rights law designed to prevent discrimination and enable individuals with disabilities to participate fully in all aspects of society. The ADA applies to a person with a physical or mental impairment that substantially limits one or more major life activities (like walkering, sitting, standing, breathing, sleeping, etc). The ADA protects a person who is regarded (or treated by an employer) as if he or she has a substantially limiting impairment.
Employers with 15 or more employees are covered and required to follow the ADA. What is prohibited by the ADA is discrimination against individuals with a disability or preceived to have an impairment, discrimination against a person based on their relationship to a disabled individual, and retaliation or harassment for exercising their ADA rights.
Employers covered by the ADA have to make sure that people with disabilities have an equal opportunity to apply for jobs and to work in jobs for which they are qualified; have an equal opportunity to be promoted once they are working; have equal access to benefits and privileges of employment that are offered to other employees, such as employer-provided health insurance or training; and are not harassed because of their disability.
Major Life Activities: people who are deaf, blind, or use wheelchairs. People who have physical conditions such as epilepsy, diabetes, HIV infection or severe forms of arthritis, hypertension, or carpal tunnel syndrome may be individuals with disabilities. People with mental impairments such as major depression, bipolar (manic-depressive) disorder, and mental retardation may also be covered. Protects a person with a record of a substantially limiting impairment such as; having a history of cancer that is now in remission. Other major life activities include breathing, seeing, hearing, sitting, standing, walking, learning, lifting, bending, reading, thinking, performing manual tasks, working, circulatory and reproductive functions, and many more. The ADA protects rehabilitated drug users, drug users currently in rehabilitation and alcoholics. The ADA does not protect current users of illegal drugs that are not in rehabilitation.
Employers must provide a reasonable accommodation to a disabled individual upon request. A reasonable accommodation can be a modification that allows the person to perform the job’s essential functions. An accommodation causing an undue hardship on the employer need not be provided.
The ADA does not allow the employer to ask questions about disability or use medical examinations until after they make someone a conditional job offer. After making a job offer, the employer may ask any disability related questions and conduct medical examinations as long as they do this for everybody in the same job category. The employer may withdraw a job offer from an applicant with a disability only if it becomes clear that he or she cannot do the essential functions of the job or would pose a direct threat to the health or safety of him or others. Reasonable accommodations must be assessed to see if the person could perform the job.
The ADA strictly limits the circumstances in which employers may ask questions about disability or require medical examinations of employees. Questions and exams are only permitted by employers where the employer has a reasonable belief, based on objective evidence, that a particular employee will be unable to perform essential job functions or will pose a direct threat because of a medical condition.
If an employer violates the ADA then the employee is entitled to back pay, compensatory damages (actual damages), punitive damages (to deter), and attorney’s fees.
Employers with 15 or more employees are covered and required to follow the ADA. What is prohibited by the ADA is discrimination against individuals with a disability or preceived to have an impairment, discrimination against a person based on their relationship to a disabled individual, and retaliation or harassment for exercising their ADA rights.
Employers covered by the ADA have to make sure that people with disabilities have an equal opportunity to apply for jobs and to work in jobs for which they are qualified; have an equal opportunity to be promoted once they are working; have equal access to benefits and privileges of employment that are offered to other employees, such as employer-provided health insurance or training; and are not harassed because of their disability.
Major Life Activities: people who are deaf, blind, or use wheelchairs. People who have physical conditions such as epilepsy, diabetes, HIV infection or severe forms of arthritis, hypertension, or carpal tunnel syndrome may be individuals with disabilities. People with mental impairments such as major depression, bipolar (manic-depressive) disorder, and mental retardation may also be covered. Protects a person with a record of a substantially limiting impairment such as; having a history of cancer that is now in remission. Other major life activities include breathing, seeing, hearing, sitting, standing, walking, learning, lifting, bending, reading, thinking, performing manual tasks, working, circulatory and reproductive functions, and many more. The ADA protects rehabilitated drug users, drug users currently in rehabilitation and alcoholics. The ADA does not protect current users of illegal drugs that are not in rehabilitation.
Employers must provide a reasonable accommodation to a disabled individual upon request. A reasonable accommodation can be a modification that allows the person to perform the job’s essential functions. An accommodation causing an undue hardship on the employer need not be provided.
The ADA does not allow the employer to ask questions about disability or use medical examinations until after they make someone a conditional job offer. After making a job offer, the employer may ask any disability related questions and conduct medical examinations as long as they do this for everybody in the same job category. The employer may withdraw a job offer from an applicant with a disability only if it becomes clear that he or she cannot do the essential functions of the job or would pose a direct threat to the health or safety of him or others. Reasonable accommodations must be assessed to see if the person could perform the job.
The ADA strictly limits the circumstances in which employers may ask questions about disability or require medical examinations of employees. Questions and exams are only permitted by employers where the employer has a reasonable belief, based on objective evidence, that a particular employee will be unable to perform essential job functions or will pose a direct threat because of a medical condition.
If an employer violates the ADA then the employee is entitled to back pay, compensatory damages (actual damages), punitive damages (to deter), and attorney’s fees.
Thursday, February 18, 2010
Martial Arts - Attitude in Self Defense
To change the mix once in awhile I will blog on martial arts or another interest of mine, motorcycles. Many of you are aware that I was involved in the martial arts from 1957 to 2000. My black belts are: 8th degree Chinese Kenpo, 6th degree American Kenpo, 2nd degree Gokei Shin’yo Ryu Jiu Jitsu, and 1st degree Judo.
Attitude is a key element in being able to defend yourself. Have you ever seen or heard of a thin, wiry, short person that just knocked the crap out of a person much larger. If you have not I can tell you it happens all the time. I am not talking about a trained boxer, martial artist, mma fighter, cage fighter but someone untrained, even though it still applies to trained fighters.
Why does this happen? In the majority of cases based on my personal research and 43 years in the martial arts the answer is: “ATTITUDE”.
I always taught my students only two things happen in a self-defense situation; a winner and a loser. When you make the decision to defend yourself for whatever reason, you must totally commit to be a winner. Your attitude must become totally engulfed with the goal to win because the other alternative is not acceptable.
Preliminary FBI statistics for 2009 indicate in Ohio’s largest cities you have a 1 in 104 chance of being a victim of a violent crime, murder, forceable rape, robbery or aggravated assault. One out of every 104 people will experience violence. One of the problems with the statistics is they are only the reported cases and it is voluntary for Ohio police to report the statistics to FBI. My guess is the chance of attack is much higher.
Over the years I have interviewed hundreds of individuals who were attacked. From domestic violence, bar fights, parking lot brawls, men, women, children, etc. The most often comment I have heard is; “Well, I didn’t want to hurt them.” I have never heard this from someone who won the fight or came out on top in a self-defense situation. Believe it or not, I am not a proponent of violence however, I am a proponent of self-defense. In many situations you can just walk or run away or defuse the situation.
Bottom line: two things happen in a self-defense situation (winner & loser). If your attitude is “I didn’t want to hurt them” then enjoy losing and suffering the consequences. Call me and we will sue the person for injuring you. But if you want to win, you must completely and totally commit to the attitude of winning.
Legal Aspects in Ohio: To establish the affirmative defense of self-defense, the defendant must show:
1. He was not at fault in creating the situation which gave rise to the use of force;
2. He had a bona fide belief that he was in imminent danger of death or great bodily harm, and the only recourse was to use force;
3. He did not violate any duty to retreat or avoid the danger. State v. Cassano, 96 Ohio St. 3d 94, 107, 2002 Ohio 3751, 772 N.E.2d 81 (2002). State v. Jackson (1986), 22 Ohio St. 3d 281, 490 N.E.2d 84.
Attitude in Self Defense
Attitude is a key element in being able to defend yourself. Have you ever seen or heard of a thin, wiry, short person that just knocked the crap out of a person much larger. If you have not I can tell you it happens all the time. I am not talking about a trained boxer, martial artist, mma fighter, cage fighter but someone untrained, even though it still applies to trained fighters.
Why does this happen? In the majority of cases based on my personal research and 43 years in the martial arts the answer is: “ATTITUDE”.
I always taught my students only two things happen in a self-defense situation; a winner and a loser. When you make the decision to defend yourself for whatever reason, you must totally commit to be a winner. Your attitude must become totally engulfed with the goal to win because the other alternative is not acceptable.
Preliminary FBI statistics for 2009 indicate in Ohio’s largest cities you have a 1 in 104 chance of being a victim of a violent crime, murder, forceable rape, robbery or aggravated assault. One out of every 104 people will experience violence. One of the problems with the statistics is they are only the reported cases and it is voluntary for Ohio police to report the statistics to FBI. My guess is the chance of attack is much higher.
Over the years I have interviewed hundreds of individuals who were attacked. From domestic violence, bar fights, parking lot brawls, men, women, children, etc. The most often comment I have heard is; “Well, I didn’t want to hurt them.” I have never heard this from someone who won the fight or came out on top in a self-defense situation. Believe it or not, I am not a proponent of violence however, I am a proponent of self-defense. In many situations you can just walk or run away or defuse the situation.
Bottom line: two things happen in a self-defense situation (winner & loser). If your attitude is “I didn’t want to hurt them” then enjoy losing and suffering the consequences. Call me and we will sue the person for injuring you. But if you want to win, you must completely and totally commit to the attitude of winning.
Legal Aspects in Ohio: To establish the affirmative defense of self-defense, the defendant must show:
1. He was not at fault in creating the situation which gave rise to the use of force;
2. He had a bona fide belief that he was in imminent danger of death or great bodily harm, and the only recourse was to use force;
3. He did not violate any duty to retreat or avoid the danger. State v. Cassano, 96 Ohio St. 3d 94, 107, 2002 Ohio 3751, 772 N.E.2d 81 (2002). State v. Jackson (1986), 22 Ohio St. 3d 281, 490 N.E.2d 84.
Monday, February 15, 2010
Battery - Civil Suit Against Someone That Harmed You
Battery can be considered a criminal offense and it can be considered an intentional tort in civil court. A battery as an intentional tort has the same elements as a criminal battery except that criminal intent need not be present. For a tortious battery to occur, the requisite intent is merely to touch or make contact without consent. It need not be an intention to do wrong, and the wrongdoer need not intend to cause the particular harm that occurs.
The elements to establish a case for battery are:
1. An act by a person (defendant) with
2. An intent to cause harmful or offensive contact; and
3. Harmful or offensive contact does occur to another person (plaintiff).
The victim (plaintiff) need only prove that the defendant is liable "more likely than not". A "preponderance of evidence" is all that is needed, more than 50% and the defendant is liable for your damages. In a criminal case it is “beyond a reasonable doubt”, a much higher standard to meet.
A civil battery is valid grounds for seeking relief through a civil case. The victim of battery can receive money for their damages from the person who committed the battery. A civil case is brought separately from any criminal charges that may have been brought against the offender (defendant). Regardless of the outcome of the criminal prosecution, or even if there was no prosecution, crime victims can file civil lawsuits against offenders and other responsible parties. Think about the OJ Simpson case where he was criminally not guilty of murder but a civil case was brought against him and the family won millions of dollars (collecting the money can sometimes be a problem, especially if they do not own anything or have a job).
Battery requires no minimum degree of force or force does not need to be directly applied. Two ways of causing a battery without applying any force is to poison someone or transmitting a disease. Accidents and ordinary negligence are not battery. Reasonable force used in the performance of duty by a police officer is not battery.
What kind of batteries can a victim bring through a civil case?
• Bar fight
• Road rage where damages occurred
• Sports injuries where sports players used excessive force in their tactics
• Domestic violence
• A doctor, dentist, chiropractor, psychiatrist, nurse, mental health worker, etc. who fails to obtain informed consent for non-emergency treatment or causes the unauthorized touching of the victim’s person
• Nursing home batteries can occur through sexual assault or by forcing residents to do things or restraining the person unreasonably, etc
• Sexual assault victims can recover costs of counseling, medical care, and time lost from work. Compensation also for pain and suffering, damage to family relationships, and psychological damage. The perpetrator can be compelled to testify in a civil case but not in a criminal case. The victim may pursue justice after a "not guilty" or "guilty" verdict in a criminal case.
• Childhood sexual battery: a childhood sexual battery victim can bring a civil battery case against their attacker 12 years after the age of majority (which is 18yrs. of age); ORC 2305.111 (C).
The elements to establish a case for battery are:
1. An act by a person (defendant) with
2. An intent to cause harmful or offensive contact; and
3. Harmful or offensive contact does occur to another person (plaintiff).
The victim (plaintiff) need only prove that the defendant is liable "more likely than not". A "preponderance of evidence" is all that is needed, more than 50% and the defendant is liable for your damages. In a criminal case it is “beyond a reasonable doubt”, a much higher standard to meet.
A civil battery is valid grounds for seeking relief through a civil case. The victim of battery can receive money for their damages from the person who committed the battery. A civil case is brought separately from any criminal charges that may have been brought against the offender (defendant). Regardless of the outcome of the criminal prosecution, or even if there was no prosecution, crime victims can file civil lawsuits against offenders and other responsible parties. Think about the OJ Simpson case where he was criminally not guilty of murder but a civil case was brought against him and the family won millions of dollars (collecting the money can sometimes be a problem, especially if they do not own anything or have a job).
Battery requires no minimum degree of force or force does not need to be directly applied. Two ways of causing a battery without applying any force is to poison someone or transmitting a disease. Accidents and ordinary negligence are not battery. Reasonable force used in the performance of duty by a police officer is not battery.
What kind of batteries can a victim bring through a civil case?
• Bar fight
• Road rage where damages occurred
• Sports injuries where sports players used excessive force in their tactics
• Domestic violence
• A doctor, dentist, chiropractor, psychiatrist, nurse, mental health worker, etc. who fails to obtain informed consent for non-emergency treatment or causes the unauthorized touching of the victim’s person
• Nursing home batteries can occur through sexual assault or by forcing residents to do things or restraining the person unreasonably, etc
• Sexual assault victims can recover costs of counseling, medical care, and time lost from work. Compensation also for pain and suffering, damage to family relationships, and psychological damage. The perpetrator can be compelled to testify in a civil case but not in a criminal case. The victim may pursue justice after a "not guilty" or "guilty" verdict in a criminal case.
• Childhood sexual battery: a childhood sexual battery victim can bring a civil battery case against their attacker 12 years after the age of majority (which is 18yrs. of age); ORC 2305.111 (C).
Friday, February 12, 2010
When Do I Need A Will or When To Update One
You need a will now if you own anything and you would like someone to receive your things, if you were to die today (If not the State of Ohio will be happy to distribute your possessions for you). You must be at least 18 yrs of age to make a will in Ohio. The old rule of thumb was 35 and up should have a will. But today many young people have inherited money and property or have earned a substantial estate at an early age. Your will should always be tailored to your current family and financial situation not last years situations or ten years ago.
Here are some events that should encourage you to make a will or a new one.
There are two ways to modify a will.
Here are some events that should encourage you to make a will or a new one.
- You get married.
- You are unmarried but have a new partner.
- You get divorced.
- You change substantial assets, sell your home, sell a vacation home, buy new.
- You have new stepchildren.
- You adopted a child.
- You had a new baby.
- You moved from a community property state to a common law state.
- You change your mind about who should get what (redistribution of assets).
There are two ways to modify a will.
- One is by adding a "codicil" (cod e sil). It is a written addition to the will that revokes something or adds something to it. Kind-of-like a P.S. Yeah I forgot to add Aunt Joan to the will she gets my Cherry Red 1969 Pontiac GTO that she dearly loved. (who wouldn't).
- The other is to destroy the current will and create a new will revoking all past wills and codicils. Today, this is probably the easiest way to go. Most wills are computerized and relatively easy to recreate and modify. A codicil can cause confusion in the will and may even conflict with the will.
- Another thing to consider is a revocable living trust.
Thursday, February 11, 2010
Your Medical Record Rights In Ohio
In Ohio you have the right to:
1. See and get a copy of your medical record within 30 days of your request to the health care provider.
2. Your health care provider may charge you for copying your record. The provider can also charge for the cost of postage and delivery.
3. You have the right to amend your medical record to make it more accurate or complete.
4. If your right to see, get a copy of or to amend your medical record is violated then you may file a complaint with the Office of Civil Rights, U.S. Department of Health and Human Services. You also can file a complaint with the state agency that regulates the health care provider.
5. You may bring a lawsuit in Ohio against your health care provider if they fail to provide you with your medical records as requested.
6. Under Ohio law your health care provider owns the actual medical record.
7. A parent may see, get a copy of or amend their childs medical record if the child is under 18 yrs. of age. If a health care provider reasonably believes that a parent is abusing, or neglecting a child the provider does not have to give the parent access to the child's record.
8. Under Ohio law, you do not have the right to get the medical records of a deceased person unless you are the administrator or executor of the person's estate.
9. There is no rule in Ohio as to how long medical doctors or hospitals must keep your medical records. Although some medical practitioners must keep records for a certain period of time such as: chiropractor's must keep treatment records for 5 years after a patient ends his care.
10. Most health care providers (doctors and hospitals) must follow HIPPA Privacy Rules and state law in providing your medical records. Most nursing homes must follow HIPPA rules along with other specific rules that apply only to nursing homes.
11. In Ohio, an independent tort exists (meaning an individual can sue) for the unauthorized, unprivileged disclosure to a third party of nonpublic medical information that a physician or hospital has learned within a physician-patient relationship." Biddle v. Warren Gen. Hosp. (1999), 86 Ohio.St.3d 395, paragraph one of the syllabus and Garland v Seven Seventeen Credit Union, Inc., 184 Ohio App.3d 339 (2009).
1. See and get a copy of your medical record within 30 days of your request to the health care provider.
2. Your health care provider may charge you for copying your record. The provider can also charge for the cost of postage and delivery.
3. You have the right to amend your medical record to make it more accurate or complete.
4. If your right to see, get a copy of or to amend your medical record is violated then you may file a complaint with the Office of Civil Rights, U.S. Department of Health and Human Services. You also can file a complaint with the state agency that regulates the health care provider.
5. You may bring a lawsuit in Ohio against your health care provider if they fail to provide you with your medical records as requested.
6. Under Ohio law your health care provider owns the actual medical record.
7. A parent may see, get a copy of or amend their childs medical record if the child is under 18 yrs. of age. If a health care provider reasonably believes that a parent is abusing, or neglecting a child the provider does not have to give the parent access to the child's record.
8. Under Ohio law, you do not have the right to get the medical records of a deceased person unless you are the administrator or executor of the person's estate.
9. There is no rule in Ohio as to how long medical doctors or hospitals must keep your medical records. Although some medical practitioners must keep records for a certain period of time such as: chiropractor's must keep treatment records for 5 years after a patient ends his care.
10. Most health care providers (doctors and hospitals) must follow HIPPA Privacy Rules and state law in providing your medical records. Most nursing homes must follow HIPPA rules along with other specific rules that apply only to nursing homes.
11. In Ohio, an independent tort exists (meaning an individual can sue) for the unauthorized, unprivileged disclosure to a third party of nonpublic medical information that a physician or hospital has learned within a physician-patient relationship." Biddle v. Warren Gen. Hosp. (1999), 86 Ohio.St.3d 395, paragraph one of the syllabus and Garland v Seven Seventeen Credit Union, Inc., 184 Ohio App.3d 339 (2009).
Wednesday, February 10, 2010
Ohio General Employment Law
Ohio employment is regulated by state and federal laws. Most employees in Ohio are employed as at-will-employees unless the employee has an employment contract with the employer or protected by law.
At-will-employees serve at the will of their employers. They may be terminated at any time, for no reason, or for a lawful reason, with or without notice. In the same regards, an at-will-employee is free to quit their job at anytime for any reason or no reason, with or without notice.
Employee handbooks may or may not give you more rights in relationship to your at-will-employment. A wise employee will always check the employee handbook for additional information on severance, firing policy, hiring policy, and disciplinary policies.
Employees are generally entitled to a "reasonable expectation" of privacy. The American with Disabilities Act (ADA), the Drug-Free Workplace Act, and the Federal Employee Polygraph Protection Act are laws that affect workplace privacy.
The Fair Labor Standards Act (FLSA) establish minimum wage, overtime pay, and record keeping affecting full-time and part-time workers in the private sector and in federal, state, and local governments. The Ohio Wage and Hour Bureau of the Ohio Department of Commerce enforces Ohio minimum wage, child labor, and prevailing wage laws. Ohio Revised Code section 4115 applies specifically to construction projects.
At-will-employees serve at the will of their employers. They may be terminated at any time, for no reason, or for a lawful reason, with or without notice. In the same regards, an at-will-employee is free to quit their job at anytime for any reason or no reason, with or without notice.
Employee handbooks may or may not give you more rights in relationship to your at-will-employment. A wise employee will always check the employee handbook for additional information on severance, firing policy, hiring policy, and disciplinary policies.
Employees are generally entitled to a "reasonable expectation" of privacy. The American with Disabilities Act (ADA), the Drug-Free Workplace Act, and the Federal Employee Polygraph Protection Act are laws that affect workplace privacy.
The Fair Labor Standards Act (FLSA) establish minimum wage, overtime pay, and record keeping affecting full-time and part-time workers in the private sector and in federal, state, and local governments. The Ohio Wage and Hour Bureau of the Ohio Department of Commerce enforces Ohio minimum wage, child labor, and prevailing wage laws. Ohio Revised Code section 4115 applies specifically to construction projects.
First Post and Description of Postings
This is the first post to the blog. I will provide information about Ohio employment discrimination, personal injury law, estate planning, and family law. The information will be general, sometimes I will discuss current cases, upcoming laws, and unusual tidbits. All information will relate mainly to Ohio Law. For interest and entertainment I will occasionally blog about motorcyles, martial arts, marketing and business.
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