Can she use text messages against us in court?

Q: We were doing a landscape job, the customer was always texting and threatening. After 7 days she once again flipped out. She ripped everything up. She texted threats to show up at his family and friend or have someone else show up. The police are charging her with criminal harassment. She sued in civil court. The judge told us we are not to bring anything up about the criminal case. She presented only the text messages that showed her in the best light. We couldn’t show our texts because they are connected to the harassment case. She presented her time line based on her surveillance which includes audio. The job was in the back yard of her home and nobody was home. She was listening to private conversations the whole time as well as recording without our knowledge. PA is a two-party consent. We tried bringing that up, but the judge said that would be criminal and we aren’t discussing that. Police and DA said it is not criminal because the law hasn’t caught up with tech. We wanted punitive damages, under Intrusion upon seclusion. Be we can’t be heard at all. I am so confused. We lost the civil badly, our hands were tide. What are my options, if any? (Pittsburgh, PA)

A: My advice is to appeal from what sounds like a District Justice award? You have thirty days. Once you file your appeal in Civil Arbitration of Allegheny County, she will need to file her complaint again. You will be able to file an answer to that complaint in which you raise your defenses. There was a decision this year handed down by the Superior Court of PA which makes it very difficult for a party to admit text messages in a hearing without proper authentication. You may benefit from this law. I would pursue the criminal case. You should contact a lawyer to help you with the appeal.

Can I use a doctor who lost his license?

Q: I asked this doctor to be my primary care physician when I had an abscess from Diverticulosis. He then got be hooked on prescription pain pills. I just read that he was running a pill mill. Can I use him? (North Versailles, PA)

A: There is a lot of that going around. Can you use him? You can treat with a witch doctor if you wish. The problem is that if his license has been revoked, it will be a crime for him to “practice” medicine. If he continues to do so, out of his house or car, or whatever, you do so at risk. You could end up as a witness against him in a criminal prosecution or being hassled by the police or the state licensing board.

How does a wife reverse a court ordered guardianship?

Q: My mom asked the court if she could be a guardian over her husband because he was taking money out of the bank and misplacing it. He was making bad buying decisions etc. He was also very sick at the time and needed to seek medical attention, but we were unable to get him to go to the hospital. He is now staying in the basement of my mom’s house and we all take care of him. She was granted guardian over my dad but then she does not like the fact that she has to ask the court every time she has to make decisions for my dad, such as paying for certain things for him, writing end of the year reports, etc. They have been married for almost 60 years and she feels like she should not have to asked permission for every little thing. How can she get the court ordered guardianship reversed? (Pittsburgh, PA)

A: If a person does not want or cannot serve as a Guardian, a substitute or successor Guardian can be appointed. I assume a lawyer assisted your mother in being appointed Guardian, so my advice would be to contact that lawyer and ask if he can file a Petition for Successor Guardian.

Does ATF need to be present if the loan holder closes an account?

Q: My sister is ATF on my father’s account and my father is thinking of disrupting our inheritances now before he passes away. Does she need to be present for him to do so? (Uniontown, PA)

A: I think calling in the ATF is a bit drastic. I am not sure what “ATF” means to you. I associate it with the Federal Bureau of Alcohol, Tobacco and Firearms. If you mean, POA as in Power of Attorney, I can answer your query. The person who appoints an Agent to act on his behalf under a POA is called the Principal. Generally, the Principal (in your case your father) can do as he pleases even after they have appointed someone as their Agent (your sister) on a POA. If the person is declared disabled or incompetent, then the powers of the POA come into effect.

A friend was cited for urinating in the woods at a concert

Q: Our friend couldn’t hold it anymore. No bathrooms were available anywhere He hid in the woods far from anyone. He was not intoxicated and was respectful but was cited. Should he plead not guilty, no contest or ask for ARD? What should they do when they go to the magistrate’s office? (Pittsburgh, PA)

A: Take a toothbrush and pray for mercy. No, just kidding. Advise him to plead not guilty. It is a summary offense but will stay on their record for five years if they are found guilty. I wouldn’t rely on the District Justice dismissing or the police officer withdrawing the citation, although they may. Tell them to hire an attorney if possible, they will have a better chance.

Can I take her to court for transferring his assets with a POA?

Can I take her to court for transferring his assets with a POA?

Q: My husband updated his Will recently but failed to update his General Durable POA. I don’t know if he did it on purpose or simply forgot. A couple of days before he passed away his daughter took out $100K in stocks that were supposed to go to me after he passed. My question is, can she prove she acted on his best interest? She told me he asked her to take care of his affairs and that is what she was doing. However, as far as I know there were no witnesses when this conversation took place. Can I take her to Court and win on the grounds of the updated Will and how is her taking his money in his best interest? (Donegal, PA)

A:  More information is needed but based on what you say, she could have exceeded the scope of authority granted to her through the POA. Under the recent enactments to the PA Power of Attorney statues, the POA must specifically grant someone authority to make a gift to themselves for her to do what you say she did. You need to speak with a local attorney versed in the most recent POA statute and have him or her look at the POA document. I just spent almost three years litigating a similar alleged abuse of POA powers. I would act now before she liquidates the funds. If the attorney feels you have an issue he will want to get a court order to freeze the funds pending his investigation. Additionally, under the law in most states, she would be barred from testifying to the conversation with him under the PA Dead Man’s Act because she would financially benefit from a statement made by a dead person. You may also have an issue regarding your statutory right to elect against the will, if you have consequently been disinherited by her conversion of his asset.

Mom and I are on the lease. What if she dies?

Q: I take care of my elderly mother and we are both on the lease and both contribute to the rent. If she were to die I wouldn’t be able to afford the rent by myself. If a co-leaser dies, is the other person responsible for paying the rent on the remainder of the lease or is there an option to break it? (Pittsburgh, PA)

A: The answer should be contained in the lease which likely contains joint and several language. Generally, each person on the lease is independently liable for the entire lease amount if the other tenant fails to pay. If your mother’s health is precarious, you may want to reach out to the landlord and inform him of your situation.

How can a judge grant a 10-year-old the right when to see mom?

Q: My son has been given total control for the choice of to see me on my visitations or not, with coached visitation. He has been brainwashed for the past 10 years of his life and now that the grandparents have got total control of him. It is worse than before. (Pittsburgh, PA)

A: The family courts usually take the view that a child can make their own decisions at age 14. Each case is different. I have seen this happen. If a 10-year old child cannot be forced to see a parent, the court will usually not force visitation.

How I could find out if anyone has POA over my disabled nephew?

Q: My sister had my nephew living with her and she was caring for him but then she sent him to with his dad (my brother) to care for him. He gets his social security for him now but we need to find out if my sister has power of attorney over him because my brother just found out that his illness has gotten worse and they are recommending a nursing home. My brother doesn’t want to go he wants to take care of himself, so we need to find out if she has power of attorney or not. (Johnstown, PA)

A: If your brother is competent it matters not if someone has a POA over him. He can do as he pleases and does not need to be directed by the Agent on the POA. As far as finding out if he signed a POA to someone, POA documents are not filed or registered anywhere so there is no place to look them up. You will have to ask around and do a little investigating. Why don’t you just ask her?

Q: Can I take her to court for transferring his assets with a POA?

Q: My husband updated his Will recently but failed to update his General Durable POA. I don’t know if he did it on purpose or simply forgot. A couple of days before he passed away his daughter took out $100K in stocks that were supposed to go to me after he passed. My question is, can she prove she acted on his best interest? She told me he asked her to take care of his affairs and that is what she was doing. However, as far as I know there were no witnesses when this conversation took place. Can I take her to Court and win on the grounds of the updated Will and how is her taking his money in his best interest? (Donegal, PA)

A:  More information is needed but based on what you say, she could have exceeded the scope of authority granted to her through the POA. Under the recent enactments to the PA Power of Attorney statues, the POA must specifically grant someone authority to make a gift to themselves for her to do what you say she did. You need to speak with a local attorney versed in the most recent POA statute and have him or her look at the POA document. I just spent almost three years litigating a similar alleged abuse of POA powers. I would act now before she liquidates the funds. If the attorney feels you have an issue he will want to get a court order to freeze the funds pending his investigation. Additionally, under the law in most states, she would be barred from testifying to the conversation with him under the PA Dead Man’s Act because she would financially benefit from a statement made by a dead person.