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Ohio law

Elder Laws in Ohio.

Ohio elder law covers Medicaid long-term care planning, powers of attorney, advance directives, guardianships through the Probate Division of the Court of Common Pleas, nursing home resident rights, and Adult Protective Services. Ohio follows the federal 60-month Medicaid lookback. Ohio's Department of Job and Family Services administers Medicaid. Ohio has strong elder abuse criminal statutes and a robust APS program through county Job and Family Services departments.

Last verified: 2026-04-17

State law

Key Ohio Statutes

GuardianshipOhio Rev. Code Chapter 2111

Guardianship of incapacitated adults is adjudicated in the Probate Division of the Court of Common Pleas. Petitioner must prove incapacity by clear and convincing evidence. Annual reporting required.

Uniform Power of Attorney ActOhio Rev. Code Chapter 1337

Ohio has adopted the Uniform Power of Attorney Act. Powers may be durable and continue through principal's incapacity.

Health Care Power of AttorneyOhio Rev. Code § 1337.11 et seq.

Statutory form available. Agent may make healthcare decisions when the patient lacks capacity.

Living WillOhio Rev. Code § 2133.02

Statutory Living Will form. Permits specification of end-of-life treatment preferences (life-sustaining treatment, artificial nutrition and hydration).

Medicaid Long-Term Care42 U.S.C. § 1396p; Ohio Rev. Code Chapter 5164

Federal 60-month lookback on asset transfers. Ohio Department of Medicaid (through county JFS) administers Medicaid.

Adult Protective ServicesOhio Rev. Code § 5101.60 et seq.

APS investigates reports of abuse, neglect, and exploitation of vulnerable adults (60+). Administered by county JFS departments. Certain professionals are mandated reporters.

Theft from Elderly or Disabled AdultsOhio Rev. Code § 2913.02(B)(3)

Enhanced penalties when theft victim is 65+ or disabled. Threshold amounts increase felony degree significantly.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Ohio.

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