Legally Informed: Planning Ahead for Ohio Seniors

For Ohio seniors, there are a few key legal tools that can help you take control of your future. In this edition of Legally Informed, we’re highlighting the most important steps you can take—and how to get help along the way.

Estate Planning & Transfer on Death (TOD) Designations: A Simple Way to Pass On Property

One of the easiest ways to make sure your home or other property goes to the person you choose is to add a Transfer on Death (TOD) designation. This lets your home transfer directly to your beneficiary—without going through probate.

Why does this matter? Probate is a public court process that can take months (or longer) and often comes with legal costs. A TOD avoids that by letting your property automatically transfer upon your death.

In Ohio, TOD is available for:

• Homes and real estate
• Vehicles
• Some bank and investment accounts

Example: Let’s say you want your daughter to inherit your home. By recording a TOD affidavit with your county recorder’s office, your home will transfer directly to her when you pass away—no court paperwork needed.

Learn more and how to file: Transfer on Death of a Home and Transfer on Death for Vehicles and Bank Accounts.

Powers of Attorney (POA): Who Will Step In If You Can’t?

A Power of Attorney (POA) allows you to appoint someone you trust to make decisions for you if you're unable to do so. This can cover both financial and medical decisions.

There are two common types:

• Financial Power of Attorney – Your chosen person (called your “agent”) can handle bank accounts, pay bills, manage property, and more.
• Healthcare Power of Attorney – Your agent makes medical decisions if you're unable to speak for yourself.

Why this matters: If you don’t have POAs in place and you become incapacitated, your family may need to go to court to get authority to make decisions—an expensive and time-consuming process.

Tips:

• Choose someone you trust implicitly.
• Talk with them about your values and preferences ahead of time.
• You can limit what powers they have.

Start here: Financial Power of Attorney

Advance Directives: Making Your Healthcare Wishes Known

Advance Directives let you document your medical wishes before a crisis happens. This includes:

• Living Will – States whether you want life-sustaining treatment if you're permanently unconscious or terminally ill.
• Healthcare Power of Attorney – Allows someone to make medical decisions if you're unable to.

These documents speak for you when you can't. They are especially important if you:

• Have strong preferences about life support or resuscitation
• Want to relieve your loved ones of making hard decisions on your behalf

Pro Tip: Keep a copy of your advance directives in a place where emergency responders or family can easily access them. It's also helpful to give a copy to your doctor and local hospital.

Learn more or fill them out online: Ohio Advance Directives

Funeral & Disposition Declaration: Ensure Your Final Wishes Are Honored

Ohio law lets you document your preferences for funeral arrangements and bodily remains through a Declaration for Funeral Arrangements (Disposition of Bodily Remains). This legal form allows you to:

• Appoint a representative (and a backup) to oversee your funeral, burial, cremation, or other disposition preferences.
• Specify your wishes, including religious or personal preferences.
• Identify funding sources for these services.
• Allow funeral professionals—like directors, cemeteries, or crematories—to follow your instructions without legal risk.

A properly filled declaration must be signed and witnessed (or notarized), and copies should be provided to:

• Your designated representative(s)
• Your funeral home or cemetery
• Your family or trusted contacts

This ensures that your choices are legally binding, and those responsible can confidently carry them out. Learn more and fill it out online.

Long-Term Care: Know the Costs and Plan Ahead

Most of us hope to live independently for as long as possible. But the reality is, many older adults eventually need some kind of long-term care—whether at home or in a facility.

These services are expensive, and they’re often not covered by Medicare.

Here are the 2024 median annual costs for care in Ohio (source: CareScout):

• Home health aide: $75,504
• Adult day care: $21,580
• Assisted living: $66,000
• Nursing home (semi-private room): $108,405
• Nursing home (private room): $120,450

That’s why early planning is key. Many people consider:

• Medicaid planning – Medicaid is the primary public payer for nursing home care, but it’s a means-tested program. That means you must spend down most of your assets before you qualify. Without planning, your home and savings may be at risk. However, with the right legal guidance, it may be possible to:
  • Protect assets for your spouse or a child with a disability
  • Transfer certain assets within allowable limits
  • Use legal tools like trusts to preserve inheritance for your heirs
• Long-term care insurance – This private insurance helps cover the cost of care, but it must be purchased before you need it. Premiums are generally lower if you buy in your 50s or early 60s. Policies vary, so it’s important to compare options and understand what’s covered. 
• Elder law attorneys – Working with a professional can help you understand your options and legally protect your assets while ensuring eligibility for future care.

Explore your options with a professional. Our partners at Pro Seniors offer guidance (see below).

Pro Seniors: Trusted Help for Ohio Seniors

If you or a loved one has questions about legal issues, health care benefits, or elder rights, Pro Seniors is here to help.

This nonprofit organization provides:

• Free legal advice for Ohioans age 60 and over
• Help with Medicare, Medicaid, and long-term care
• Advocacy in cases of elder abuse or neglect
• Information on scams targeting seniors

They also run the Ohio Long-Term Care Ombudsman Program, which helps residents of nursing homes and assisted living facilities resolve concerns and understand their rights.

Whether you're reviewing your POA documents, facing a Medicaid issue, or trying to understand your options for future care, Pro Seniors can offer support tailored to older adults in Ohio.

Connect with them directly: Pro Seniors

Final Thoughts: It’s Never Too Early to Plan

The best time to start planning is before a crisis happens. By putting legal documents in place, discussing your preferences with your loved ones, and understanding your options, you can make sure your voice is heard—no matter what the future brings.

Here’s a quick checklist to get started:

• Think about Estate Planning 
• Set up Financial and Healthcare Powers of Attorney
• Complete your Advance Directives 
• Document your funeral and burial preferences
• Learn about long-term care costs and options
• Connect with trusted organizations like Pro Seniors

Need help getting started? Ohio Legal Help has free, guided tools and information you can trust.