Kirner & Boldt Co., L.P.A.North Royalton Ohio Estate Planning Lawyer | Family Law Divorce2024-03-12T15:02:54Zhttps://www.kirnerandboldt.com/feed/atom/WordPress/wp-content/uploads/sites/1200594/2022/06/cropped-site-identity-32x32.jpgOn Behalf of Kirner & Boldt Co., L.P.A.https://www.kirnerandboldt.com/?p=491192024-03-12T15:02:54Z2024-03-12T15:02:54ZOhio’s law on hypodermics
According to state law, only the following people are authorized to possess hypodermic needles:
Manufacturers and distributors
Persons authorized to administer injections
Persons who lawfully obtained the hypodermic for self-administration of insulin or other prescribed drug
Persons who use hypodermics for research, educational or medical purposes
Farmers who use hypodermics to administer drugs to animals
There are many precautions a person authorized to possess hypodermics can take. Here are some of them:
Securing storage: The needles should be stored in a secure location that’s not easily accessible to unauthorized individuals, such as locked cabinets or storage rooms.
Inventory management: Authorized persons should keep accurate and up-to-date inventories to help detect discrepancies immediately.
Surveillance: Installing security cameras can help catch thieves or even deter criminal activity.
Proper disposal: Authorized persons should use tamper-proof sharps containers to dispose of used needles. These containers should also be properly monitored and secured.
Failure to take any of these basic precautions can lead to criminal charges if a thief manages to steal the authorized person’s needles.
The penalties
A violation of Ohio’s laws on taking precautions against hypodermic theft is a misdemeanor of the third degree. On conviction, the person faces up to 60 days of jail and $500 in fines.
This might seem relatively light as far as criminal punishments go, but a conviction will lead to a criminal record for the person. A criminal record can be devastating for medical professionals who risk losing their license to practice.
So yes, a doctor or distributor’s negligence to secure their needles can lead to criminal charges. If you face charges, consider the impact a criminal conviction could have on your professional career. A legal professional who handles drug offense matters may be able to advise you on your case and fight to protect your rights.]]>On Behalf of Kirner & Boldt Co., L.P.A.https://www.kirnerandboldt.com/?p=491182024-03-01T11:34:52Z2024-03-01T11:34:52ZOhio laws on changing guardians
Per state law, changing a guardian under certain circumstances is possible. The process involves petitioning the probate court to review the current guardianship arrangement.
To initiate a change, an interested party must file a motion detailing the reasons for the alteration. The court then examines the evidence and may appoint a new guardian if it finds just cause.
Reasons to nominate another guardian
There are various reasons why someone would want to nominate another guardian. They include:
Incapacity or illness of the guardian: If a guardian can’t fulfill their duties due to their own illness or incapacity, their ward may need a new guardian.
Relocation: If a guardian moves away or is no longer geographically close enough to manage the ward's care effectively, it may be necessary to appoint someone more readily available.
Mismanagement of assets: Should there be evidence that the guardian is mismanaging the ward's financial assets, the ward’s family might call for a change.
Neglect or abuse: In cases where there is neglect or abuse of the ward by the guardian, the ward’s family might take immediate action to safeguard their relative’s well-being.
Death of the guardian: Upon the death of a guardian, they’ll need a successor.
Conflict of interest: A guardian may have a conflict of interest that impacts their ability to act in the ward's best interest, necessitating a change.
Improvement of the ward's condition: If the ward's condition improves significantly, they may no longer require a guardian, or they may be able to petition for a less restrictive form of guardianship.
Guardian's violation of court orders: If the guardian doesn’t comply with court orders or the terms of the guardianship, a new guardian may be appointed.
Ward's request: The court may consider appointing a new guardian if the ward can express a reasoned preference for a change.
Better qualified guardian: Sometimes, another individual is better qualified to serve as the guardian, prompting a change.
The process of changing a guardian
Once an interested party (such as the ward’s family) files a complaint with the probate court, the court will inform the current guardian and all relevant parties of the petition to change. The court then launches an investigation to determine whether there’s a need for the change.
After the investigation, a hearing is set where both sides – for and against the change – can present their case. The judge then makes a decision based on the ward's best interest.
If you are an interested party in an estate and you believe a guardianship change is necessary, you’ll need legal advice. An attorney may be able to help guide you through the complex process and make your case during the hearing.]]>On Behalf of Kirner & Boldt Co., L.P.A.https://www.kirnerandboldt.com/?p=491172024-02-21T13:46:44Z2024-02-21T13:46:44ZPetty theft defined by law
According to Ohio law, petty theft occurs when someone knowingly obtains or exerts control over property or services valued at less than $1,000 without the owner's consent. Petty theft is a misdemeanor offense, which can lead to penalties including jail time and fines.
Shoplifting is a form of petty theft
Shoplifting specifically refers to the act of stealing merchandise from a retail establishment. It falls under the umbrella of petty theft when the value of the merchandise is less than the $1,000 threshold. While shoplifting is not defined as a separate offense by state law, it’s prosecuted using the same statute that governs petty theft.
The penalties
The consequences for both petty theft and shoplifting are similar in Ohio. A first-degree misdemeanor can result in up to 180 days in jail and fines up to $1,000. It's important to note that repeated offenses can escalate charges, potentially leading to felony theft charges with more severe penalties.
So, shoplifting is a form of petty theft. Regardless of the nature of the offense, it can be an intimidating experience to face either a petty theft or shoplifting charge in Ohio. If it’s your first offense, remember you don’t have to head to court blind. A legal professional may be able to guide you through the procedure, advise you on your defense options and protect your rights in court.]]>On Behalf of Kirner & Boldt Co., L.P.A.https://www.kirnerandboldt.com/?p=491142024-02-06T18:51:57Z2024-02-08T18:51:47ZSafeguarding your child's future
Business Insider recently estimated that, in 2024 dollars, it takes over $462,000 to raise a child from birth to age 18. In the unfortunate event of your early passing, a well-designed estate plan can allocate assets, such as savings, investments and life insurance, to provide for the child's needs. This ensures your child has the necessary resources for education, healthcare and a comfortable life.
Choosing guardianship
Selecting guardians for your child is another key aspect of estate planning. Without a designated guardian, the court will decide who takes responsibility for your child in case both parents are unable to. By proactively naming guardians in your estate plan, you retain control over this decision, by entrusting individuals who share your values and parenting philosophy.
Avoiding legal hassles and delays
Without a proper estate plan, your assets may be subject to probate, a legal process that can be time-consuming and costly. Probate can tie up assets for an extended period, leaving your family in financial uncertainty. A well-structured estate plan, however, helps streamline the distribution of assets, minimizing legal hassles and ensuring a more efficient transfer of wealth to your beneficiaries.
Protecting your child's inheritance
Estate planning allows you to establish trusts to protect your child's inheritance. By setting up trusts, you can specify how and when your child will receive their inheritance, protecting it from potential creditors or imprudent financial decisions. This level of control ensures responsible use of your hard-earned money for the benefit of your child.
Taking the time to create a comprehensive estate plan ensures that you provide a secure foundation for your child's future, making certain they are well-supported even if the unexpected occurs.]]>On Behalf of Kirner & Boldt Co., L.P.A.https://www.kirnerandboldt.com/?p=491162024-02-08T14:28:37Z2024-02-08T14:28:37ZCost savings
Without lengthy court battles or extensive negotiations, an uncontested divorce typically offers lower legal fees and court costs than traditional litigated divorces.
These cost savings can be significant for couples needing the resources to help them rebuild their lives and secure their future post-divorce.
Faster resolution
With fewer issues to litigate and resolve, uncontested divorces tend to move more quickly through the legal process than contested divorces. This means that individuals can spend less time navigating the complexities of the legal system and more time focusing on moving forward.
Greater control and flexibility
Uncontested divorces give couples greater control over the outcome of their settlement instead of leaving it to a judge unfamiliar with their unique situations or preferences.
Through this process, spouses can work together to craft agreements that best suit their needs. This also encourages cooperation and open communication between spouses, ultimately helping them maintain a civil relationship later.
Privacy and confidentiality
Uncontested divorces are typically conducted away from the public eye, offering much-needed privacy for spouses wanting to avoid public scrutiny. This level of confidentiality is not often found in a contested divorce, which usually involves court records, testimony, and evidence.
By conducting divorce proceedings in private, couples can avoid negative publicity and protect sensitive information from unnecessary exposure.
Divorce is undoubtedly a major life-changing event, but it does not have to be defined by strife and animosity between the two parties involved. Uncontested divorce offers a way for couples to end their marriage in a respectful and mutually beneficial way.
By prioritizing open communication and compromise, individuals can navigate divorce more easily and lay the foundation for a healthier future.]]>On Behalf of Kirner & Boldt Co., L.P.A.https://www.kirnerandboldt.com/?p=491122024-01-29T07:16:57Z2024-01-29T07:13:01ZWhat happens if you cannot find a will?
First, understand that without a will, the estate will be subject to the state's intestacy laws. In Ohio, these laws dictate how distribution will proceed when someone dies without a valid will. The distribution follows a specific hierarchy. However, before the estate defaults to intestacy rules, the surviving heirs and potential beneficiaries must diligently search for the will to honor the testator's final wishes and prevent disputes.
If their search comes up empty, the probate court will proceed as if there was no will. It could prolong the entire probate process and cause unnecessary financial and emotional burden to the surviving family members.
Taking steps to prevent intestate succession
The reality of intestate succession can lead to results that may not align with the decedent's wishes. A spouse may find themselves receiving a smaller share of the estate than expected and the inheritances intended for minor children might be subject to control by a guardian not chosen by the family. Furthermore, distant relatives could emerge to stake a claim on assets. These potential outcomes highlight the critical importance of estate planning and the secure storage of such legal documents.
To safeguard their final wishes and reduce family stress after passing, estate owners must actively create and update their will and communicate openly about their estate plan to loved ones. They should store their wills securely and ensure at least one trustworthy person knows where to find them.]]>On Behalf of Kirner & Boldt Co., L.P.A.https://www.kirnerandboldt.com/?p=491102024-01-15T14:43:25Z2024-01-15T14:43:25ZSecond OVI offense within 10 years
If you face charges for OVI and you have an earlier OVI conviction within the last ten years from the latest offense, your penalties on conviction become more severe. Your latest offense is a misdemeanor of the first degree, punishable by:
A mandatory jail term of 10-20 consecutive days
Driver’s license suspension for one to seven years
Fines of up to $1,625
While a court can order the suspension of your driver’s license, it may grant limited driving privileges. The court may also order the impoundment of your vehicle and its license plates for 90 days.
Third OVI offense within 10 years
The penalties climb once more if you face OVI charges while having a history of two prior convictions within the last 10 years. The offense is still a misdemeanor, but on conviction, the penalties are:
A mandatory jail term of 30 days up to a year
Driver’s license suspension for two to 12 years
Up to $2,750 in fines
In addition, if the vehicle you used during the offense is registered under your name, authorities can seize it.
Additional consequences
Repeat offenders will also face the following penalties on top of the ones described above:
A requirement to have an ignition interlock device installed on the vehicle
As part of a limited driving privilege restoration, the driver must use restricted license plates identifying them as a repeat OVI offender
Mandatory participation in an alcohol or drug addiction program
The penalties for repeat OVI offenses in Ohio are intentionally severe to deter individuals from making the same mistake more than once. If you find yourself facing a repeat OVI charge, it's imperative to seek legal counsel.]]>On Behalf of Kirner & Boldt Co., L.P.A.https://www.kirnerandboldt.com/?p=491092024-01-04T15:03:06Z2024-01-04T15:03:06ZDefining physical control
According to state law, it’s illegal for anyone to be in physical control of a vehicle if they’re under the influence of alcohol, drugs or a combination of the two. The law also explains that a person is in “physical control” of a vehicle when they meet the following criteria:
They’re seated in the driver’s position of the front seat of the vehicle
They possess the vehicle’s ignition key
This means that even if the vehicle hasn’t moved from its position, as long as the person is seated at the driver’s seat and has the keys, they can face charges.
Having physical control of a vehicle while under the influence is a misdemeanor of the first degree.
The penalties for physical control while intoxicated
If a court convicts a person of having physical control of a vehicle while impaired, they face up to 180 days in jail and $1,000 in fines. In addition, the court may impose a class seven suspension on the person’s driver’s license, which lasts for up to a year.
So, yes – it’s a criminal offense to have physical control of a vehicle while drunk or intoxicated by drugs. The offense may not have the same penalties as a conviction for OVI, but it still leads to a criminal record, plus fines, jail time and a license suspension. If you face charges, don’t underestimate them and consider your legal options with the help of an attorney.]]>On Behalf of Kirner & Boldt Co., L.P.A.https://www.kirnerandboldt.com/?p=491082023-12-19T15:30:16Z2023-12-19T15:30:16ZTo deal with these complex circumstances, a judge can interfere. They can evaluate the situation and review facts in court before making a fair decision. Undergoing this process can also address and de-escalate disputes. Additionally, the judge uses various factors when finalizing child custody decisions, including the following:
Details surrounding the child's living situation, including their connections with other family members and changes to their life, such as school
Preferences of the parents and the child, if mature enough to express them
Physical, mental and moral wellness of the child and the parents
The capacity of each parent to comply with the issued custody order, including parenting time arrangements and support payments
Details reflecting each parent's ability to nurture and provide, such as criminal history and other records
Other factors considered relevant by the court including plans to relocate and a history of abuse or violence in the household
Courts can also order additional evaluations to gather adequate information before finalizing the order.
Making appropriate decisions to benefit the child
Regarding child custody matters, a judge's decision can hinge on whether it benefits the child. Even if the child or one of the parents has preferences, a judge might choose a different route based on the information presented in court. There is no such thing as a one-size-fits-all solution when finalizing custody arrangements. The outcome can significantly depend on the child's best interests.]]>On Behalf of Kirner & Boldt Co., L.P.A.https://www.kirnerandboldt.com/?p=491072023-12-12T17:17:35Z2023-12-12T17:17:35Z1. Review your assets
Conduct a comprehensive assessment of your assets. Take stock of your real estate, investments and personal property. For example, the median value of an owner-occupied home in Ohio is $183,300. Knowing the full extent of your financial portfolio will help you make informed decisions about how to safeguard your wealth.
2. Establish a living will and health care power of attorney
These documents guide medical decisions in the event that you cannot make them. The documents can prevent financial strain on your estate due to prolonged medical treatments.
3. Explore Medicaid planning strategies
Medicaid planning is an integral part of safeguarding your assets. Understanding the eligibility criteria and implementing strategies to qualify for Medicaid assistance can provide a safety net for potential long-term care costs.
4. Set up trusts
Establishing trusts is a proactive measure to keep long-term care expenses from depleting your assets. Irrevocable trusts, in particular, can protect assets while allowing you to qualify for Medicaid benefits.
5. Review and update regularly
Estate planning is not a one-time task. Regularly reviewing and updating your financial plan ensures that it aligns with your current circumstances and any changes in Ohio laws.
By taking these proactive steps, you can navigate the complexities of financial planning, ensuring a secure future for both yourself and your loved ones.]]>