Q:       How does the Ohio Charitable Trust Act affect me?

A:        The Ohio Charitable Trust Act gives authority to the Ohio Attorney General to oversee charitable organizations.  Under this law, the Attorney General can investigate charities to ensure they are being operated appropriately, their assets are used properly and their donors and beneficiaries are protected.  Every Ohio charity must meet certain obligations under the Charitable Trust Act in addition to following IRS rules.

Q:       I am starting a charitable organization. What are my obligations under the Charitable Trust Act?

A:        Charitable organizations have registration and reporting obligations.  They must register one time with the Attorney General’s office, a straightforward process that must be completed online at www.ohioattorneygeneral.gov/charitableregistration.  The Attorney General’s website resources will guide you through the process.  You will need to provide basic information including the charity’s  address, taxpayer identification number, date of formation, state charter number, bingo license number (if you have one), description and value of assets and copies of your organizational documents (articles of incorporation, federal tax exemption letter, bylaws, etc.).

Once you create an online account and register, you must file a report with the Ohio Attorney General each year.  This report is in addition to the Form 990 you may file with the IRS, but asks for much of the same information and is due at the same time each year. 

Q:       Are there fees involved in registration and reporting?

A:        There is no cost to create an online account and register with the Attorney General’s office, but a fee is due at the time you file your annual report.  The fee varies based on your assets and ranges from $50 for small organizations up to $200 for large organizations.

Q:       Must every Ohio charity register and file reports?

A:        Certain organizations are exempt from registration and reporting.  These include schools, churches and booster clubs or PTAs with less than $25,000 in assets and gross receipts. If you are not sure if you are exempt, ask the Attorney General’s office or request an exemption through the online system.

Q:       Exactly how does the Attorney General get involved with charities?

A:        The Charitable Trust Act allows the Attorney General to investigate a charity when board members, key staff or officers fail to meet their fiduciary duties and donors or beneficiary interests are threatened.  The Attorney General’s office also offers educational resources to help those involved with charities understand their duties and obligations.   

Q:       What are fiduciary duties and who has them?

A:       The Ohio Attorney General recognizes four fiduciary duties that must be followed by anyone in a position of authority with a charitable organization (including board members, officers and senior staff):

1)    Duty of Loyalty – you must put the interests of the charity first and avoid conflicts of interest;

2)    Duty of Care – you must be active in the governance of the charity and understand its mission and programs;

3)    Duty of Compliance – you must confirm the charity follows the law and meets its legal obligations of registration, reporting and filing tax forms;

4)    Duty to Manage Accounts – you must ensure the charity makes sound financial decisions and has responsible fiscal policies in place.

Q:       What educational resources does the Ohio Attorney General’s office provide for charities?

A:        The Attorney General offers resources through its website at www.ohioattorneygeneral.gov/Business/Services-for-Charities.  These materials explain fiduciary duties, help you avoid theft in your organization and clarify registration and reporting obligations.  The Attorney General’s office also publishes a newsletter and hosts webinars to discuss obligations and duties under the Charitable Trust Act.  You can also ask someone from the Attorney General’s office to provide in-person trainings in your community by calling 800-282-0515.

            The Attorney General also provides information for those wishing to donate to charitable organizations.  You can research specific charities through the website and can find “good giving” articles and brochures to help you make informed decisions about making contributions. You can find this information at www.ohioattorneygeneral.gov/Business-and-Non-Profits/Charity/Good-Giving.aspx.

Q:       What if my charity solicits donations or runs bingo games?

A:        In addition to its duties according to the Ohio Charitable Trust Act, the Attorney General regulates charitable solicitations through the Ohio Solicitations Act. Many charities hire professional fundraisers and solicitors to help them raise money. In Ohio, these professional fundraisers must be licensed and follow certain laws found at www.ohioattorneygeneral.gov/Business/Professional-Solicitors-and-Fundraisers.

            If you host bingo games to raise funds for your charity, you must comply with bingo license laws.  Learn more through the Attorney General’s “Bingo School” and online at www.ohioattorneygeneral.gov/Business-and-Non-Profits/Bingo-Operator.aspx.

This “Law You Can Use” consumer legal information column was provided by the Ohio State Bar Association (OSBA). It was prepared by attorney Mary Gallagher of the Ohio Hospital Association. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek the advice of a licensed attorney.

Q:       What is a Social Security “credit”?
A:        During your working years, you earn Social Security credits based on how much you earn in wages. The amount of earnings you need for one credit rises as average earnings levels rise. In 2014, you receive one credit for every $1,200 you earn in wages. You can earn up to a maximum of four credits per year. Most people need 40 credits (equivalent to 10 years of work) to be eligible for retirement benefits. For more information about credits, read “How You Earn Credits” at www.socialsecurity.gov/pubs.

Q:       My husband doesn’t have enough work credits to qualify for Social Security retirement benefits. Can he qualify on my record?

A:        A spouse receives one-half of the retired worker’s full benefit unless the spouse begins collecting benefits before full retirement age. If your husband begins collecting benefits based on your Social Security record before he reaches full retirement age (age 65 - 67, depending on the year he was born), the amount of his benefit is reduced by a percentage based on how many months short of full retirement age he is.

Q:       How early can I begin receiving Social Security retirement benefits?

A:        You can get a reduced benefit as early as age 62. The 1983 Social Security Amendments raised the full retirement age for people born in 1938 and later, but it did not change the minimum retirement age.

Q:       Is there any penalty for beginning to take my benefits at age 62?
A:        Yes. If you start taking your benefits before your full retirement age, the amount you can collect will be lower than the amount you can collect at your full retirement age. (If you wait until full retirement age, your benefits will be about 33 percent higher, and your benefits will be about 76 percent higher if you defer them to age 70.) Also, if you begin taking benefits at age 62 while you are still working, $1 in benefits will be deducted for every $2 you earn above $15,480 (for 2014). Visit the “Retirement Estimator” at www.socialsecurity.gov/estimator for more information.

Q:       When I start receiving benefits, will the amount stay the same for the rest of my life?
A:        No. Generally, your benefit amount increases every year to protect you against inflation. An increase in the consumer price index will give you a cost-of-living adjustment (COLA). For 2014, that COLA adjustment is 1.5 percent. Your benefit also may increase if you work and continue to pay Social Security taxes while receiving benefits. If your earnings for the year are higher than those used to compute your benefit originally, the Social Security Administration will substitute the new year of earnings. The higher your earnings, the more your refigured benefit might be. If your earnings are high enough for the Social Security Administration to deduct excess earnings from your benefits, your benefits will be recomputed when you reach retirement age. This effectively increases your benefit because the months when benefits were reduced or withheld due to excess earnings are left out.
            Your monthly benefit may seem to decrease, however, if health care costs rise faster than the COLA. A rise in Medicare premiums can offset any COLA increase. A special rule called “Hold Harmless” protects your monthly benefit from being reduced. To learn more, visit https://secure.ssa.gov/apps10/poms.nsf/lnx/0601001004.

Q:       How do I apply for retirement benefits?
A:        You can apply online or make an appointment with a Social Security representative at a local office. Generally, it is easier and faster to apply for benefits online at www.socialsecurity.gov. The process takes as little as 15 minutes and, in most cases, you’re finished once you’ve submitted your electronic application. Usually, there are no forms to sign or documents to mail.

The information for this “Law You Can Use” column was provided by the Social Security Administration. It was prepared by the Ohio State Bar Association. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Q:       I have had trouble getting a job because I have a criminal record. What can I do?

A:        If a law or regulation blocked you from getting the job, a Certificate of Qualification for Employment (CQE) may be effective in removing the legal barrier. The CQE is an order issued by a common pleas court that allows you to apply for employment or a professional license even if your conviction may have disqualified you in the past. If the court grants you a CQE, the employer or professional licensing board must consider you on a case-by-case basis. Also, once you have a CQE, any employer that may hire you will be immune from “negligent hiring” lawsuits. Fear of these lawsuits is often cited as the number one reason that employers do background checks.

Q:       When may I apply?

A:        You may apply one year after you have completed your felony sentence or six months after your misdemeanor sentence ends.

Q:       Is there a limit on the number of convictions I can have to apply for a CQE?

A:        No.

Q:       Are there situations in which I can’t use a CQE to help me get a job or a license?

A:        Yes. You may not use a CQE to lift a requirement to register as a sex offender, and you may not use it to reinstate a driver’s license that has been suspended, cancelled or revoked. If you are a health care professional whose license has been denied or suspended, there are certain circumstances in which a CQE will not allow you to reinstate your license. Also, a CQE will not remove any restrictions on employment as a law enforcement officer. The CQE does not apply to federal or out-of-state convictions.

Q:       How do I apply for a CQE?

A:        You must apply online at www.drccqe.com/Login2.aspx?APPTHEME=OHCQE. In order to apply, you must have a valid e-mail address. You will create an account with a user name and password. You will complete all of the questions on the application and submit it electronically to the Ohio Department of Rehabilitation and Correction (ODRC). The Ohio Justice & Policy Center also has a detailed workbook to explain the process, available at http://bit.ly/OJPC-CQEworkbook.

Q:       What happens after I submit my online application?

A:        Once you complete the online application, an ODRC representative will review it for completeness. If complete, you will receive an e-mail from ODRC informing you that you may file your CQE application. You must file your application with the common pleas court in the county where you live.

Q:       Is there a cost to file the CQE?

A:        Yes. Check with the clerk’s office of your common pleas court to find out if there is a filing fee and, if so, how much it costs to file the CQE.

Q:       What happens after I file my CQE application with the court?

A:        The court will review it and conduct an investigation. It will contact the court(s) where you were convicted, as well as the prosecuting attorney(s) involved in your case(s) and the victim(s). After this investigation, the court will determine if it should grant the CQE application. Generally, the court will grant your application if it finds that the CQE materially will assist you with employment or an occupational license, that you need it to live a law-abiding life, and that you do not pose an unreasonable risk to any individual or the public.

Q:       Do I have to attend a hearing to get my CQE?

A:        Most courts do not conduct CQE hearings, except on rare occasions. You will receive written notice from the court of its decision. If the court grants your CQE, you will receive an e-mail from ODRC notifying you that you can print the CQE.

Q:       How long does the CQE last?

A:        The CQE remains valid unless you are convicted of another crime.

Q:       Why would an employer want to hire someone with a CQE? 

A:        The law provides some protections to employers from certain legal claims (such as negligent hiring claims) if they choose to hire someone with a CQE.

Q:       Where can I get more information about the CQE?

A:        You can learn more information at www.drc.ohio.gov/web/cqe.htm. You can also read the actual law that created CQEs. Ohio Revised Code Section 2953.25 is available online at http://codes.ohio.gov/orc/2953.25.

This “Law You Can Use” consumer legal information column was provided by the Ohio State Bar Association. It was prepared by Prof. Joann Sahl of the University of Akron School of Law. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek the advice of a licensed attorney.

Q:       What does it mean to be a cosigner?
A:        A cosigner is someone who signs a loan or contract, such as a lease, along with another person. By signing one of these documents, the cosigner agrees to be responsible for repaying the loan or fulfilling the contract.

Q:       What are the reasons to be a cosigner?

A:        You might decide to be a cosigner to assist someone, often a friend or relative, whose credit rating or employment history will not let that person get a loan or a lease without a cosigner.

Q:       What are the risks of being a cosigner?
A:        If you have cosigned a loan or a contract for your friend, and your friend later defaults on the obligation, the lender or landlord can sue you for the entire amount of the debt, not just half of it. If the court holds you liable for the debt, it may order your wages to be “garnished” or your bank account to be “attached.” This means that money will be deducted from your wages or your bank account until the debt is completely paid.

Q:       How does being a cosigner affect my credit rating?
A:        A cosigned loan will have the same effect on your credit rating as a loan you take out yourself; it adds to your total outstanding debt. A default in payment will also affect your credit rating the same as it would if you were the only borrower.

Q:       Does the creditor/landlord have to try and collect from the party for whom I cosigned before they try and collect from me?

A:        No. The creditor or landlord is not obligated to try to collect from the other debtor. The creditor/landlord can and will try to collect from whoever is most apt to fulfill the obligation, which is likely to be you.

Q:       Are there differences between cosigning a loan and cosigning a lease?

A:        There can be. When you cosign a loan, it is for a definite amount of money, plus interest, according to the terms of the loan. When you cosign a lease, however, there may be language in the lease that makes you as the cosigner liable for periods of time in which the lease is renewed, which could lead to greater liability than you anticipated.

Q:       How can I decide if becoming a cosigner for a friend is a reasonable risk to take?

A:        Anytime you cosign, you are taking a risk. If, for example, a landlord or lender thinks a cosigner is necessary, this is a warning sign for you. You can certainly ask your friend about his or her employment status, but the risk is still there. With a lease you can at least try to limit your liability to a fixed period of time, so it is not totally open-ended. Ultimately, however, being a cosigner can cause you to lose not only money, but also a friend.

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by Akron attorney Terry Zimmerman of Kaffen & Zimmerman. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Ohio law considers people who are 18 years of age or older to be capable of giving valid, legally enforceable consent to receive medical treatment. Generally, people under age 18 (minors) must have the consent of a parent or guardian before receiving medical care. However, there are several exceptions to this general rule. For example, emancipated minors and “mature minors” can give consent, and there are also certain statutory exceptions.

Q:       What are “mature minors” and “emancipated minors”?

A:        A “mature minor” is someone over age 15 who can show a health care provider that he or she has enough maturity and understanding to make medical care and treatment decisions without parental consent. On a case-by-case basis, the health care provider uses the same criteria that would be used to determine if an adult is capable of making medical decisions. If the minor is found capable of consenting, the health care provider must give the minor the same informed consent an adult would receive.

            Ohio law does not specifically define “emancipated minor.” However, according to the “common” law that comes from cases decided by judges, a minor who is no longer under the protection and control of parents or guardian is considered emancipated. An emancipated minor would generally include someone under age 18 who is married, is in the armed forces, is self-supporting and is living away from the parent’s home. An emancipated minor usually is considered capable of making medical treatment decisions.

Q:       What are the “statutory exceptions” that allow a minor to give consent for medical treatment?

A:        Without regard to decision-making capacity, a minor may consent:

·       to an examination for the purpose of gathering physical evidence of an alleged sexual offense such as rape;

·       for the diagnosis or treatment, by a licensed physician, of any venereal disease;

·       for the diagnosis or treatment, by a licensed physician, of any condition reasonably believed to be caused by drug abuse, beer or intoxicating liquor;

·       to be given an HIV test for the diagnosis of AIDS or an AIDS-related condition;

·       to donate blood to a nonprofit voluntary program (if at least 17 years old);

·       to receive mental health treatment (if at least 14 years old) for a limited number of sessions or outpatient services, except for the use of medication;

·       to receive an abortion if the minor has applied to the local juvenile court and the court finds “good cause” to bypass parental notification.

Q:       What if I cannot be reached when my child needs medical help? 

A:        Healthcare providers generally must provide emergency medical treatment to preserve life and to prevent serious impairment to the health of any individual, including a minor. If the health care provider cannot reach you within the time available to preserve your child’s life or prevent serious impairment, the emergency takes precedence over the requirement to get your consent. If the situation is not life-threatening, however, and your child does not fit one of the exceptions listed above, the health care provider cannot legally treat your child until you, the child’s other parent or a legal guardian has given consent. 

Q:       Can I authorize medical treatment for my child if I know I will be away for a while? 

A:        Yes. If you know you are to be away, you can give permission, in writing, to another adult (such as a friend or relative) to authorize your child’s medical treatment in your absence.

Q:       Must both parents give consent for our minor child to be treated?

A:        No. Either you or your child’s other parent may give consent, assuming you are not divorced. If you are separated, but not yet divorced, then either parent may provide consent. If you are divorced, but both parents have legal custody (shared parenting), then either parent can sign. If you are divorced, and one parent has legal custody or is the child’s custodial or residential parent, then that parent should give consent. However, if a delay in medical care would be dangerous for your child and all reasonable attempts to reach the custodial or residential parent have failed, then the non-custodial parent can give consent.

This “Law You Can Use” legal information column was provided by the Ohio State Bar Association. It was prepared by attorney Phillip T. Glyptis of Steptoe & Johnson PLLC. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.