How is Incapacity Determined?

How is Incapacity Determined?

A medical professional will perform an evaluation to determine if you lack the ability to make decisions in your best interests. This determination is usually tied to a diminished capacity to make decisions or a physical limitation, such as disability. The fact that you may make decisions that others may not agree with does not, in and of itself, prove a lack of capacity. In Ohio, the applicant (the person seeking the appointment of a Guardian) must prove by clear and convincing evidence that you lack the capacity to make decisions for yourself and that a guardianship is the best and only option. 

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With knowledge and foresight, we assist our clients in being involved and informed in their own unique decision-making process. We offer a wealth of information including videos, detailed blog postings on hot topics, informational articles, and comprehensive seminars. If you still have any questions, we offer free consultations to discuss your personal needs. 

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Medicaid Home Care

Traditionally, Medicaid has paid for long-term care in a nursing home, but because most individuals would rather be cared for at home and home care is cheaper, all 50 states now have Medicaid programs that offer at least some home care. 

Can You Put a Surveillance Camera in a Nursing Home Room?

Technological advances have made it easier to stay connected with loved ones all the time. This has included the ability to install cameras in a loved one's nursing home room. These so-called “granny cams” have legal and privacy implications. 

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