Call Us Toll-Free:
877-239-4480

Author Archives: Julie Wagner

Covid-19: Connecting to loved ones in lock down

How do you connect with loved ones in lock down at nursing homes? Residents in nursing homes, assisted living, group homes or other care facilities are isolated in the best of times. Now, with the lock down of facilities to protect against Covid-19 infection, they are completely cut off from family and loved ones. What can you do to help?

Lockdowns protect the fragile

The elderly are the most likely to die from the Covid-19 virus. Most already have underlying conditions and the ravages of aging itself makes it harder to fend off virus symptoms that may be very severe.

Some of the very first precautions taken during the pandemic was the screening of visitors to nursing homes. A masked employee would take your temperature, give you a survey about recent travel and ask if you had any symptoms. Very soon after that, facilities completely closed to visitors and any other unnecessary personnel. Non-medical staff moved off site, and medical staff were screened before each shift. They would wear masks for their entire shifts.

Know what’s happening inside

Visiting a loved one in a nursing home is the best way to ensure they are being treated properly and are doing well. But, there are other ways to check on them during this lock down.

In Ohio, the Department of Health issued an order that nursing homes must notify family members within 24 hours if someone in the facility tests positive for Covid-19. Ohio also provides a list of facilities with reported cases at https://coronavirus.ohio.gov/wps/portal/gov/covid-19/dashboards/long-term-care-facilities/cases

Family members also may wish call the facility and ask. Specific questions may include: Are patients confined to their rooms or allowed to be in the halls? Are they eating in their rooms? Have you had any cases? Have you had any deaths? What are you doing with those who test positive? Are you taking in new residents? Are you quarantining them before they are mixed in with current residents?

Also ask questions about your loved one’s general wellness: How is he/she? Is he/she eating properly? Do they seem worried or depressed? Are they less active than before? Is their health good? Are they showing any symptoms?

You may want to call every 7 to 10 days in most circumstances. Care facility staff are busy, but most will take a few minutes to update you on your loved one.

Some facilities have a web page available only to family members and loved ones to give updates on the facility and its response to the pandemic.

Connecting with your loved one

While you can’t visit, there are other ways to connect with your loved ones. The news is full of families standing outside windows waving or holding signs for their loved ones. Many facilities are offering Skype or other video sessions so you can see your loved one as you speak to them. Phone calls cheer up residents who can speak on the phone.

You might also try sending cards or letters. Having a child write a letter or draw a picture for their grandparent, uplifts the spirit of the child and the elder. If you usually bring a favorite snack to your loved one, ask the facility if you can mail it.

Keeping your loved one safe

The safest place for your elderly loved one is in a care facility which is taking the utmost precautions to prevent spread of the virus. As much as you would like to visit or take them out for a day, the most thoughtful thing you can do is to leave them in place until the virus threat is past. Meanwhile, keep in touch with the facility and your loved one.

For information about specific areas of law, see our web page: http://holland-muirden.com/

Tagged , , , , , , ,

How do I prepare for my child’s IEP conference?

Meeting with school officials about your child’s Individual Education Plan (IEP) can feel like your worst nightmare. Sitting alone across from five or six administrators and experts has all the markings of a bad dream. But, it doesn’t have to be like that.

Preparing for an IEP

You can prepare for the meeting in a few simple ways.

First, familiarize yourself with the form used for every IEP. The Ohio Department of Education offers a sample at http://education.ohio.gov/getattachment/Topics/Special-Education/Federal-and-State-Requirements/Ohio-Required-and-Optional-Forms-Updated/iep-pr-07-form-static.pdf.aspx?lang=en-US .

This is the form the school will complete and review with you at the IEP meeting. Read through the 16 sections and think about how you would answer regarding your child. Above all, consider what is right for your child.

Knowing the players

Next, consider who may be at the meeting. The school district can include your child’s general education teacher, a Special Education teacher, any experts such as the school psychologist or a therapist, an administrator from the school, among others. Therefore, you may be know one or more of them, and this may relieve some of your angst.

Also, request an advanced copy of your child’s IEP. If the school has prepared a draft IEP, ask them to provide you with a copy. This extra time can help you formulate questions or seek additional information about the matters discussed in the IEP.

Be prepared to disagree

Finally, make yourself ready to disagree with part or all of the plan the school has developed for your child. When the conference is over, the school district will ask you to sign in Section 15, found at the end of the plan. Your signature acknowledges that you attended the meeting, and another signature indicates you agree with the plan.

Before signing, read this section carefully. If you agree with the school’s ideas and plans for your child, sign it in the appropriate place. However, if you do not agree, make sure that is clear in this signature area.

Preparation beforehand can take the turmoil out of the IEP conference. The shear number of school officials can be overwhelming. Remember, you can bring other people to these meetings including family members, friends, other professionals or even an attorney.

Let us help

At Holland & Muirden, we understand how overwhelming the IEP process can be. We can help at any stage of the process to make the IEP less of a nightmare. Contact us today. http://holland-muirden.com/contact-ohio-law-firm-free/

Tagged , , , , , , , , ,

When I’m gone, who will speak for my disabled child?

Every parent of a child with a disability worries – what happens when I’m gone?   Other children grow up to become self-sufficient. A child with a disability grows into an adult with a disability. They will need someone there for them. Who will speak for your disabled child when you’re gone?

Finding someone who “gets it”

Caring for a special needs child is tough enough. Parents know their own child. They know what they need now and what they will need as an adult.  Along the way, there are family or friends who also “get it.” These are people the parent would entrust with their child.

Parents planning for the future can ensure their child –whether a minor or an adult – is looked after by one of these trusted people.  Ohio law permits them to nominate a specific guardian for their disabled child, even if their son or daughter has entered adulthood.   

Parents nominate a guardian for the future when they may not be there. A guardian who will speak for their disabled child.

Who will speak for your child?

An adult with disabilities may need a guardian whether they live independently, in a group home or in an institution.  Even if a guardian doesn’t provide direct care, they will need to make important decisions about health care, living quarters or special educational needs.  A guardian oversees their care and steps in if something goes wrong. They become the disabled person’s voice.

If you pass away or are unable to make decisions for your child, the court can appoint a guardian.  If you have nominated someone for the post, the judge must consider that person, ask if they meet the legal requirements and determine it is in the best interest of your child.   Without a nomination, the court must consider whoever applies to be the guardian of your child.

We can help

At Holland & Muirden, we understand that the future – and estate planning – is different when you care for someone with special needs.  Contact us today to make your plans. http://holland-muirden.com/ohio-law-areas-of-practice/ohio-estate-planning-probate-attorneys/

Tagged , , , , , , ,

What happens to my Facebook page when I die?

By now, you’ve probably seen someone’s Facebook page change to memorial status when they pass away.  Facebook even lets you appoint a “Legacy contact” to manage your memorialized account.  Or, you can choose to delete your account completely once you die.

This Online Tool handles your Facebook account, but what about everything else?  Snapchat? Google Hangouts? Amazon? The online electric bill?  What happens to your email when you die? If you die, can someone else sign on to your account and pay your bills? Or turn off an automatic payment?

Ohio has a law to help answer these questions and let you plan for your Digital Assets if you die or become disabled.   In 2017, Ohio legislators passed the Digital Assets Act which gives you the tools to include online information in your estate planning.

If I am incapacitated…

 First, the newest Statutory Power of Attorney (a POA) form includes “Digital Assets” and “the content of electronic communication sent or received by me.”   In a POA, you select an agent to handle your affairs if you are alive but not able to make decisions. 

  The Digital Assets option gives them access to everything EXCEPT the content of your emails.  So, your agent can pay your electric bill or use your email address book to send health updates to some or all of your contacts.  So, if you want your agent to actually read your emails, you select the “content of electronic communication” option.  State lawmakers felt email content was highly personal and need to be chosen separately.

If I pass away…

However, a POA expires when you die.  So, to ensure someone has access to your Digital Assets and/or “the content of electronic communication” you should specify this in your will.  This language can be as general or as specific as you want.  It can be for all of your accounts or for a specific account, such as LinkedIn.

In conclusion, you can make sure someone has all your passwords, but accounts and passwords change.  Using “online tools” such as the Facebook options helps manage some accounts.   However, adding digital assets to your estate planning can ensure that all of your accounts are covered.  Your POA agent or the executor of your estate will be able to open and use your accounts to do what you wish or what’s best for your estate.

We can help

So, contact us today to talk about your Digital Assets and all your estate planning needs.

Tagged , , ,