Stubbins Watson & Bryan January 2019

THE LEGAL NAVIGATOR JANUARY 2019

FROM THE DESK OF

Mike Bryan

Happy New Year! At the beginning of this new year, I wanted to let all of our readers know about a free report that I prepared, titled, “What Every Ohioan Should Know about Using Medicaid to Help Pay for Long-Term Healthcare Costs.” Here is the direct link to our website: www.swbwlawfirm. com/free-report-about-ohio-medicaid-benefits . Many do not know that this program can be used to help pay for home healthcare, assisted living, or nursing home costs. The report explains how the program can work for you, how you can still protect up to one half or more of your assets, and how your loved one can receive the care that they need. You will find answers to questions like: I’ve heard that there is a five-year look-back period. Doesn’t that mean I can’t protect anything? Will Medicaid pay for my care if my income is high?

This time of year, many people resolve to eat healthier. It’s a noble goal, but it can’t be accomplished through wishful thinking alone. There are infinite fad diets and eating challenges you can try in order to improve your diet, but more often than not, these methods produce fleeting results. It’s much more logical to transform your diet through simple, actionable steps rather than attempting a complete overhaul based on obscure me`thodology or marketing gimmicks. Fortunately, one of the biggest steps you can take to improve your diet is also a simple one: Increase the amount of local and seasonal produce in your pantry and on your plate. Fruits and vegetables are the cornerstones of nutritious eating habits, and sourcing from local purveyors guarantees you’ll get your produce at the height of freshness. In addition to the health and taste benefits of eating fresh produce that hasn’t traveled thousands of miles to land on a store shelf, seasonality and locality affect the sustainability and price of your food. “If people are prepared to eat locally and seasonally,” says philosopher and food theorist Peter Singer, “then they probably do pretty well in terms of environmental impact.”On the economic side of things, the shorter the distance between farm and store, the lower the price, which is why you can always find great deals at your local farmers market. To help make 2019 a year of seasonal eating, you’ll need to know what’s at peak ripeness each season. Of course, some of what’s available in your area will vary based on the climate where you live, but the vast majority of this guide will be applicable to the 48 contiguous states. AGUIDE TOEATING SEASONALLY What to Buy & Cook Throughout the Year

If I am married, does my spouse lose their assets too?

What is estate recovery?

What happens to my home? I have heard the state will attempt to take it.

Please feel free to download this report, or share this link with family or friends who could find this information useful. I look forward to talking to you again next month.

-Mike Bryan

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... Cover story, continued

Winter

the pickiest of eaters can get behind. The downside with spring produce is that the season tends to be relatively short, so you’ll have to enjoy these treasures while you can. Summer Variety is at an all-time high during the summer months, but a few categories of produce deserve particular attention. Nightshades, including tomatoes, peppers, chilis, and eggplant, shine during this time of year. In fact, eating a tomato in December is a pale imitation of what you’ll get in July, making it one of the best examples of the stark difference between eating seasonally and grabbing whatever is languishing on the shelves at the grocery store. The same goes for corn and stone fruit like peaches, which are summer-barbecue staples for a reason. Fall Think of the Thanksgiving color palette, and you’ll have a good idea of what’s in season. Hearty greens like kale and Swiss chard will

begin appearing more frequently, as well as unique varieties of carrots and apples. Fall is also the best time of year for foraged mushrooms like oysters and chanterelles. As with the weather, autumnal foods are the bridge between the brightness of summer and the depths of winter. Tools for Eating Seasonally SeasonalFoodGuide.org is a great to tool to find up-to-the-minute lists of what’s in season in your state, from traditional favorites to obscure vegetables you’ve probably never heard of. When it comes to seasonal cookbooks, you can do no better than Joshua McFadden’s “Six Seasons,”which divides the calendar beyond our traditional four quarters for maximum specificity. Here’s to a year of enjoying seasonal, local produce. It will expand your horizons and improve your health — a win-win by any measure.

While you may not expect it, the coldest portion of the year produces a bounty of vegetables that are earthy and subtly sweet. At the top of this list is cabbage, which comes in many varieties and is at its peak during winter. Root vegetables like parsnips, turnips, rutabaga, and kohlrabi are also in abundance. On the fruitier side of things, winter in the warmer parts of the country yields delicious citrus harvests. At no other time of the year will you find such an awesome variety of oranges, lemons, limes, and more. Be on the lookout for exotic varieties like blood oranges and pomelos. Spring Unsurprisingly, spring is when bright green vegetables start to emerge en masse. From asparagus and artichokes to snap peas and fava beans, you’ll find no shortage of delicious veggies to signal the blossoming of a new season. Spring is also the best time to eat strawberries, which is something even

Sgt. Fieldy Comes Home Reuniting Brothers in Arms

There are around 2,500 military working dogs currently in service, and their efforts help save the lives of countless soldiers and civilians every day. One of these brave military dogs is Sgt. Fieldy, an 11-year-old black lab who was trained to locate the No. 1 threat in Afghanistan: IEDs. Sgt. Fieldy was deployed to Afghanistan with his handler, Cpl. Nicolas Caceres, in 2011. Early in their deployment, their vehicle struck a pressure plate while they were on patrol. Fieldy and Caceres were all right, but one of the other Marines in their company was badly injured in the explosion. The injured Marine could not be evacuated by helicopter until the landing zone was secured. Fieldy found another IED in

the area and alerted Caceres. The bomb was quickly disarmed, and the injured soldier was taken to safety. This wasn’t the only IED Fieldy found. His sharp nose and dedication helped save thousands of lives. After his deployment, Caceres returned home, but Sgt. Fieldy served several more tours without him. While Fieldy continued to protect soldiers and civilians by tracking down IEDs, Caceres worked tirelessly to make sure he could bring Fieldy home when his service was over. Military working dogs can be adopted by former handlers, law enforcement, or qualified civilians when they retire. After three years apart and a total of four tours served, Sgt. Fieldy was reunited with Caceres. In 2016,

Fieldy received the K9 Medal of Courage Award, and in 2018, he won the American Humane Hero Dog Award for his service. “These dogs are out there with us,”said Caceres when he and Fieldy accepted the Hero Dog Award.“The dangers we face, they face them too. They deserve to be recognized. We ask so much of them, and all they want is to get petted or play with a toy. They’re amazing animals, and Fieldy is just an amazing dog. I can’t begin to express the gratitude I have for him.” If you are interested in supporting our nation’s working dogs or would like to adopt a retired working dog yourself, you can learn more at MissionK9Rescue.org.

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Putting the ‘Pain’ in Champagne Spontaneously Ejecting Cork Causes Lawsuit

did not and could not spontaneously eject unless Murray had handled the bottle improperly. The case was argued by both sides for two years, but eventually, Murray won. Almaden Vineyards now prints the following on its bottles: “WARNING: THIS BOTTLE IS UNDER PRESSURE. THE STOPPER WILL

For many people, preparing for the New Year’s countdown is the most exhilarating part of the holiday season. You tune your TV to the Times Square ball drop, hand out party hats, confetti, and noisemakers, and meticulously line up some champagne flutes. What’s left to do? Pop open the champagne! There are many partiers who pop the cork with enthusiastic and careless abandon, while others point the bottle away from their faces and anxiously twist the cork until they hear those bubbles surge to the surface. Turns out, while the latter practice may be slightly less fun, it’s certainly the safer approach. On April 8, 1978, Charles J. Murray was injured when a natural cork stopper spontaneously ejected from a bottle of previously unopened Almaden Blanc de Blancs champagne and struck him in the left eye. He was preparing to serve the bubbly to a party of 40 people, so he placed 12 bottles on a rolling cart and removed the foil and wire retainer from three or four bottles — including the one that eventually injured him. Once he started to roll the cart toward the guests, the cork shot out of the bottle all on its own. Due to the severity of his injury, Murray sued Almaden Vineyards, Inc., National Distillers and Chemical Corporation, and Carbo, Inc., alleging that they were responsible because they failed to include a proper warning label on the bottle. The defendants, however, argued that the cork stopper

EJECT SOON AFTER THE WIRE HOOD REMOVAL. TO PROTECT AGAINST INJURY TO FACE AND EYES, POINT AWAY FROM SELF AND OTHERS WHEN OPENING.” When it comes to bubbly-induced mayhem, the greatest potential trouble lies in the eye of the beholder — literally. With an estimated velocity of 60 miles per hour, uncontrolled corks do in fact fly faster than the blink of an eye. To avoid having to explain a not-so- fashionable eye patch at work on Monday, handle those fizzy drinks with care.

Take a Break!

PEANUT BUTTER AND BERRY FRENCH TOAST Ingredients

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2 cups cornflakes

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8 slices brioche, 1/2-inch thick 1/4 cup creamy peanut butter

2 tablespoons unsalted butter 2 cups mixed berries Powdered sugar, to sprinkle Maple syrup, for serving

2 large eggs

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1/8 cup heavy cream 2 teaspoons pure vanilla extract

Directions

4. In a large skillet over medium heat, melt 1 tablespoon butter. Once melted and up to temperature, add sandwiches, cooking on one side until golden and crisp, about 2–3 minutes. 5. Return sandwiches to baking sheet, add remaining butter, and repeat on other side. 6. Top sandwiches with

1. On a large baking sheet lined with wax paper, place 4 slices of brioche and spread 1 tablespoon of peanut butter on each. Cover with remaining slices, creating sandwiches. 2. In a pie plate, beat eggs with 3. Lightly soak sandwiches in the egg mixture, then dredge in cornflakes, pressing to adhere. Return to baking sheet. cream and vanilla. In another, coarsely crush the cornflakes.

berries, sprinkle with powdered sugar, and serve with maple syrup.

Inspired by Food Network

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INSIDE THIS ISSUE From the Desk of Mike PAGE 1 The Value of Seasonal Eating PAGE 1 What Happens to Military Service Dogs? PAGE 2 Watch Out for Rogue Champagne Corks This Year PAGE 3 Take a Break PAGE 3 Peanut Butter and Berry French Toast PAGE 3 The Best Skiing Destinations in the World PAGE 4

3 OF THE WORLD’S GREATEST WINTER SPORT DESTINATIONS Who’s Ready for Some Powder?

between perfectly moldedmountains, the Austrian landscape provides a beautiful backdrop for your winter excursions. The densely wooded areas and the bright reflection of the snow frame the vibrant town that’s just waiting to be explored. When you’re ready for world- class runs, hop in one of the 11 gondolas and zip down the hills that hosted the 2001 Alpine World Ski Championships.

The sound of the first carve through fresh powder is the anthemof all winter sports enthusiasts. Here are three of the world’s best places to experience that powder you’ve been craving all year. Breckenridge, Colorado

Once you’re done flying down the hill where Bode Miller took the bronze, head over to the winter wonderland of the old Olympic Village for a cozy night in a picturesque town. St. Anton, Austria If you want a great location for next year’s Christmas card photo, there’s no better place than the Tyrolean Alps. Nestled in a valley

John Denver’s anthem“Rocky Mountain High” is about the freedomhe felt here. Where there are great mountains, there’s even better snow. The ski resort boasts five peaks, 187 trails, 34 lifts, four terrain parks, and a renowned cross-country trail. After a day on the slopes, head into the town of Breckenridge for dining and activities that ditch the glitz and glamour of Vail or Aspen and take you straight to the heart of fun. Whistler, British Columbia, Canada A destination that looks like a cross between Nordic paradise and Olympic-level runs, Whistler is filled with true magic, winter activities, and a town that captivates the senses. When you see the mountains of British Columbia, you’ll understand why they hosted the 2010Winter Olympics. The location’s beauty is only part of your stimulating experience, because every curve of fresh powder makes your pupils dilate.

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