Wood + Lamping - Mark Reckman - Estate Planning / Elder Law

著者： Joe Strecker Productions
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  • Mark Reckman has been with Wood + Lamping since 1979 and has served as the head of the Real Estate and Probate Practice Areas as well as managing partner of the firm.

    Currently, Mark’s practice spans Medicaid, estate planning, probate, real estate, and small business. Mark is a founding member of TriState Care Partners, which is a referral network of Cincinnati health care providers dedicated to enabling seniors to age in the place they call home.

    Since 2006, Mark has been selected annually for inclusion in Ohio Super Lawyers®. Mark was recently selected by his peers for inclusion in The Best Lawyers in America© 2014. He has been named one of Cincinnati's "Leading Lawyers" by Cincinnati Magazine annually since 2007. Mark was also a member of Class XI of Leadership Cincinnati. In 2017, Mark received an award from the PLAN Southwest Ohio committee. PLAN is a non-profit whose mission is to serve those with serious disabilities. Mark has been involved in their initiative since their inception.

    Mark appears biweekly on the 55KRC radio show Simply Money and enjoys travel, tennis, and scuba diving.
    Copyright Joe Strecker Productions
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  • Mark Reckman - Capacity Standards for Signing Legal Documents

    Mark Reckman - Capacity Standards for Signing Legal Documents
    2024/09/19
    SIMPLY MONEY September 2024 WHAT ARE THE CAPACITY STANDARDS FOR SIGNING LEGAL DOCUMENTS?

    ELDER LAW ATTORNEYS ARE OFTEN CALLED UPON TO DETERMINE IF A CLIENT HAS THE LEGAL CAPACITY TO SIGN CERTAIN DOCUMENTS. HOW DO THEY MAKE THAT CALL? WELL, THE TESTS ARE DIFFERENT FOR DIFFERENT THINGS. WHEN CONFRONTED BY THE PROSPECTS OF A GUARDIANSHIP, THE TEST IS IN THE STATUTE:

    CAN A PERSON MANAGE HIS/HER AFFAIRS OR THE AFFAIRS OF A DEPENDENT?

    THAT IS A VERY BROAD AND VAGUE TEST. THE COURT USUALLY LOOKS FOR CLUES THAT A PERSON IS AT RISK FOR PHYSICAL HARM OR FINANCIAL LOSS. THE COURT ALSO RELIES ON A PROFESSIONAL ASSESSMENT BY A DOCTOR OR MENTAL HEALTH PROFESSIONAL. THE LAW PRESUMES THAT WE ARE COMPETENT UNLESS PROVEN OTHERWISE BY CLEAR AND CONVINCING EVIDENCE. ONLY THE COURT CAN MAKE THAT LEGAL FINDING.

    BUT THE TEST IS DIFFERENT FOR SIGNING DOCUMENTS.

    I. SIGNING A WILL:

    CALLED TESTAMENTARY CAPACITY. THIS TEST REQUIRES THE PERSON SIGNING TO BE FREE OF DELUSION AND TO:
    1. UNDERSTAND THE NATURE OF HIS/HER PROPERTY

    2. UNDERSTAND HIS/HER RELATIONSHIP TO THOSE WHO WOULD BE HIS NATURAL BENEFICIARIES

    3. LEAVE HIS PROPERTY IN A MANNER CONSISTENT WITH 1 AND 2 ABOVE

    4. BE ABSENT OF UNDUE INFLUENCE

    II. CAPACITY TO SIGN A CONTRACT

    1. COMPREHENSION OF WHAT IS “GOING ON” IN THE TRANSACTION

    2. REASONABLE TERMS IN THE AGREEMENT

    3. UNDERSTAND THE NATURE AND QUALITY OF THE CONSEQUENCES OF THE AGREEMENT

    4. ABSENCE OF UNDUE INFLUENCE

    III. CAPACITY TO SIGN A POA. THE SIGNOR MUST:

    1. KNOW AND TRUST THE AGENT

    2. UNDERSTAND THAT HE/SHE IS GIVING THE AGENT THE POWER TO ACT IN HIS/HER STEAD

    3. BE ABSENT OF UNDUE INFLUENCE

    WHAT IS THE LAWYERS DUTY IN ALL THIS IS?:
    1. TO CARRY OUT THE CLIENT’S WISHES

    2. TO MAKE A REASONABLE INQUIRY INTO THE CLIENT’S CAPACITY


    3. TO MAKE A REASONABLE DETERMINATION ABOUT THE CLIENT’S CAPACITY

    4. TO DETERMINE THE ABSENCE OF UNDUE INFLUENCE.


    EVERYONE IS PRESUMED TO HAVE CAPACITY.

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    9 分
  • Mark Reckman - Do I Need to File a Guardianship When My Disabled Child Turns 18?

    Mark Reckman - Do I Need to File a Guardianship When My Disabled Child Turns 18?
    2024/09/19
    Do I Need to File a Guardianship When My Disabled Child Turns 18?

    Parents of disabled children are often encouraged to consider a guardianship by a number of sources – school counselors, case managers, medical advisors, etc. The truth is that guardianships are not always needed.
    I. What is a Guardianship? It is a court proceeding in which you ask the court to declare your child to be incompetent. A guardian takes over. Your child is stripped of the legal capacity to act for him or herself.

    II. There are Different Kinds of Guardianships. Primarily two kinds:
    1. Guardian of the Estate – Money management. If there is no money in the child’s name, no guardian of the estate is needed.
    2. Guardian of the Person – Health care and daily living.

    III. Advantages of Guardianship.
    1. It puts one person in full charge of all decisions.
    2. It gives you authority to enforce your decisions.
    3. It protects ward’s money/property.
    4. It protects the ward and the guardian.

    IV. Disadvantages of a Guardianship.
    1. Declaring your child incompetent can be demoralizing.
    2. It costs $3,000 - $5,000 up front, and $1,500 to $2,500 every year – plus a bond in some cases. 3. You need court approval to spend money (Guardianships of the Estate, only). That costs extra. 4. You must take a lengthy class.
    5. You must file reports.

    V. Alternatives – Only Applies to the Cooperative and Highly Functional Disabled Child.
    1. Power of Attorney.
    2. Living Will.
    3. Power of Attorney for Health Care.
    4. Joint Financial Accounts.
    5. STABLE Account.
    6. Trusts.

    VI. So, do I need to file a guardianship at age 18? Not necessarily – if your child is cooperative and high functioning, try one or more less intrusive options first. You can always “default” to a guardianship, if needed.
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    9 分
  • Mark Reckman - Do you REALLY need to get (re)married?

    Mark Reckman - Do you REALLY need to get (re)married?
    2024/08/26
    10 分

あらすじ・解説

Mark Reckman has been with Wood + Lamping since 1979 and has served as the head of the Real Estate and Probate Practice Areas as well as managing partner of the firm.

Currently, Mark’s practice spans Medicaid, estate planning, probate, real estate, and small business. Mark is a founding member of TriState Care Partners, which is a referral network of Cincinnati health care providers dedicated to enabling seniors to age in the place they call home.

Since 2006, Mark has been selected annually for inclusion in Ohio Super Lawyers®. Mark was recently selected by his peers for inclusion in The Best Lawyers in America© 2014. He has been named one of Cincinnati's "Leading Lawyers" by Cincinnati Magazine annually since 2007. Mark was also a member of Class XI of Leadership Cincinnati. In 2017, Mark received an award from the PLAN Southwest Ohio committee. PLAN is a non-profit whose mission is to serve those with serious disabilities. Mark has been involved in their initiative since their inception.

Mark appears biweekly on the 55KRC radio show Simply Money and enjoys travel, tennis, and scuba diving.
Copyright Joe Strecker Productions
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