Will social security deposit a SS check into guardianship account?

Q: My aunt has Alzheimer’s and has been found mentally unfit. I have been appointed plenary guardian by the court. She is in a nursing home. Her son-in-law had authority to sign checks on her account, but no power of attorney or other authority. He sought to have the Public Administrator appointed as her guardian. I intervened, as she is my aunt and I am willing to act on her behalf, and I was appointed plenary guardian of her person and estate. I have Letters of Appointment. I call to Social Security to ask that her monthly check be moved into a new checking account. I was met with much resistance, and I was told that my paperwork was meaningless. How to proceed? (Bulger, PA)

A: Social Security does not have to deposit the check into your guardian account. The Social Security Administration has its own system which consists of appointed representative payees who receive payments for recipients. It has its own separate application process to become a representative payee. Unfortunately, you must apply. The fact that you are a relative and were appointed by the court as a Guardian will not hurt.

Can I have my elderly parent involuntarily committed?

Q: One of my elderly parents has randomly run away in the middle of the night and may or may not still be in this state. This parent has shown to have signs of paranoid Schizophrenia and has even driven their vehicle recklessly knowing full well that it has not been properly maintained. I feel by having this parent involuntarily committed they can receive the care they deserve, and also apply for Social Security Disability if they are found to have a disability in the process of being examined. My other parent has told me I have no right to have that other person involuntarily committed even though I am that person’s son, and I’m also above 21+. What rights do I have as their son? What can I do to have my elderly parent involuntarily committed so they can receive the help they are trying to avoid. In the end they may stay or go in our relationship, but the end game goal is to help them the best I can instead of letting them put others at risk. (Pittsburgh, PA)

A: You can file for a 302 under the Mental Health Act however, your parent would need to be located first. The process is not difficult, but whether a delegate will agree that your parent is a danger to themselves or others and commit them, is another question. I sense that you are younger, and your other parent may have a reason for not wanting to commit this person. I think you should consult with an elder law attorney who handles mental health commitments and guardianships for an opinion. There are more facts needed to be known and it may be worth the consultation before you pull the trigger on this.

ELDER LAW, MENTAL HEALTH ACT, INVOLUNTARY COMMITMENT, SECTION 302

Can we use inherited money as down payment to buy house from estate?

Q: My mom inherited a beach house in Avalon NJ with her 4 other siblings. She wants to keep the house, but they want to sell it. She doesn’t have the funds to buy out all 4 siblings, so to keep the house in the family I was looking to purchase the house, using her inheritance money that she would give to me from the house as a down payment. Can this work? (Murrysville, PA)

A: It would be up to the other 4 siblings to agree on a sales price that is fair to all. If you agree with that price, I do not see why this could not work if everyone wants it to. This happens from time to time during the administration of estates. One heir wants to buy the family home using their inheritance as part of the consideration. It can work.

How to receive custody of my nephews from CYS?

Q: My mother and father had full parental rights of my two nephews. They were removed from their custody 1 month ago and placed with their step grandfather. I told CYS I would take them but was denied. They said it was because my spouse has DISMISSED charges in his past (driving without a license, no insurance, assault), and because they feel it would be too hard to do monthly checks if they were in my care. I live in PA the children are in WVA. They are being removed from their step grandfather’s care today and being placed in a foster home. Is there not anything else I can do to get them in my care? (Mt. Pleasant, PA)

A: Normally this child protective law is administered by each state but is under federal guidelines, so every state runs a similar program. It sounds like you are offering yourself as a kinship placement resource and the child agency is telling you that you are not a suitable placement resource. Dismissed criminal charges should be no problem and the monthly check things sounds suspicious. The child agency in WVA can work out an agreement to transfer the case to PA through the Interstate Compact Law, assuming WVA is a member which I believe they are. In that case, Charleston would communicate with Harrisburg, and the local agency in PA (your county) there would do a home study on your house and get the case ready to transfer. If you are serious about this, you can hire a lawyer in WVA to file a petition with the court asking for you to be considered as a placement resource by CYF and to be heard at the next court hearing. If you do not hire an attorney, you will need to appear at the hearings and tell the judge who you are and what you want. The judge may order the agency to investigate you as a potential placement resource and do a home study on you and get things moving with some supervised visitation.

 

How can get my father’s medical records after his death?

Q: My dad fell and hurt his foot. He called an EMPLOYEE. She took him to the hospital a day later, said she was his daughter. The hospital said he was not capable of making good decisions. The next day she came by the house woke him up from sleeping off a hangover. He signed a POA to her for health care. Now this caregiver is buying him a case of liquor a week. Since then she has changed his living trust three times, lied to him about cars, bank accounts. Everything was in trust and 6 weeks before his death she did it again. Now she is beneficiary and has disinherited my sister and me. I am living in his house and I have nowhere to go, she wants me out. We are fighting it. I am not allowed to get his medical records that prove I am right because she is the POA. she is spending all his money and has taken over his company for 4 years now. She has changed lawyers 3 or 4 times. He was severe alcoholic. We have won the autopsy request, but the results won’t be back for 12 weeks. It is a classic elder abuse case- financial, physical, and emotional. He passed 6/6/2018 and we need help. (Fountain Valley, CA)

A: The POA ceased being operational when he passed. You describe a nightmare scenario. You need an attorney. If you find one, he or she will need to file in court for an order for the employee who was his agent under a POA to account for all his money during her time as fiduciary. If no executor or trustee is appointed, you can petition to be one. If the employee is his trustee or executor, you can petition to have her removed and you appointed. This is a tremendous amount of work and is essentially prosecuting a civil fraud case. You will need a seasoned litigation attorney with elder law experience or access to an elder law attorney as an associate or in the same firm.

Do I have to pay the medical bills? Will my dog be put down?

Q: I have a dog. He was at home when my brother had his friend over. The boy went and provoked the dog by taking away his good dish while he was eating. The dog, out of defense for his food, bit him in the side of the face. The people are threatening to put him down and want me to pay 3 large in hospital bills. The wound became infected because it was not treated properly causing them more hospital visit making the bills rise. (Pittsburgh, PA)

A: You may eventually have to pay medical bills, but do not let these idiots bully you into putting your dog down. It should not be a trade-off. It has been a while since I defended a property owner on dog bite case, however my recollection is that they would have to prove this animal had vicious tendencies, you knew it was vicious and it attacked unprovoked. Certainly not the case here. In my case, the dog bit a girl who stuck her head in the closet where the mother dog was nursing new born pups. Find an attorney that will help you-one is out there. I don’t know if you have been cited with a citation under the PA Dog Law, or just threatened with a civil suit. Call Animal Friends, and any other organization who stands up for animal rights. They may be able to refer you to someone. For them to get you to pay 3K in medical bills, it will take a law suit and at least a year. You have some defenses if there is a lawsuit in that the dog was provoked. You might win. You have some time. Also, if you have homeowner’s insurance, report this as soon as possible. There may be coverage for you.

What are our legal rights-movers damaged our furniture and house?

Q: My partner and I recently moved to a place together after living in separate places. We both hired the same moving company. I was moving from a one-bedroom, third-floor apartment while my partner was moving from a small house. There were two movers for both moves. One of my movers suffered from asthma and had to constantly take breaks, which prolonged my move from the originally estimated 6 hours to over 12 hours. Eventually, the one mover stopped coming up and packed the truck, leaving me to one mover to move my belongings and furniture. Furthermore, the movers took an hour lunch break on my time. In the process, many of my boxes were dropped and some of my furniture was damaged right before my eyes. My partner’s move was worse. This company damaged several antique pieces of furniture (and I do mean damaged) as well as damaged the new home we moved to. The damages include: gouges in the wood door frames and hardwood floors, a damaged handrail with plaster everywhere, damages to the brick wall next to our driveway (broken bricks from backing in sloppily), etc. We have been in touch with the moving company, but so far, they have been defensive. Do we have any rights here? (Bridgeville, PA)

A: I put this under “litigation” as you may get more responses. I hope you have not paid them. You have more leverage if you did not or you can stop payment on the check. These moving companies are notorious for stalling and delaying-they probably have no intention on paying you. Have an attorney read your contract. Gather your evidence-photographs, documents, your written log of what happened, estimates for furniture repair and home repairs. If your evidence is good, and your damages are high enough, an attorney may take the case. Do not wait too long to file this. There are applicable statutes of limitations.

Can I sue for owner for giving me less tables to serve?

Q: he owners of the restaurant are the hostesses and they constantly give one particular server the best section and the most tables. The one owner always puts me in the worst section and my sales end up being lower than everyone else. They are usually more than half less than the server that they seat all the time. I feel that she is discriminating against me for a few reasons. Can I sue? (Cranberry Twp., PA)

A: It depends on what reason you are discriminated against and how good your proof is. If you are a member of a protected class of people such as women, those over 40, national origin, color, race, disabled, military veteran, married, religion, etc., and you can prove that you are treated differently, you might have a case. I would call an attorney who specializes in employment discrimination for a more thorough answer.

Do final PFA hearings always end with the PFA remaining?

Q: My boyfriend recently put a PFA on me. We got in a fight about me not wanting him to go somewhere with me. He went anyway and was mad when I wasn’t there. He screamed and called me names. I tried to explain but he would hang up and changed his number and blocked my emails. The day before he got the PFA he invited me over and told me he loved me, and we had sex. What he wrote on the PFA paper was about events from our past and a long time ago. I really don’t want a PFA on me or my record. I’ve never been in trouble before. Do you think there is a chance it could be dismissed? I have no desire to ever speak to him again. (McKeesport, PA)

A: No, final PFA hearings do not always end in a PFA Order against the defendant. Sometimes the case can be worked out to a civil agreement, sometimes the plaintiff withdraws the PFA and sometimes the PFA is denied by the judge after hearing testimony. You will do better with an attorney. He may have one appointed for him because he is the “victim”. Based on what you say, a judge should not find in favor of him. If you cannot afford an attorney, do the hearing yourself and just tell the judge your side of the story.

Can my fiancé sign guardianship of his daughter over to me?

Q: My fiancé had a son with a woman. We cannot get ahold of she has not seen the boy since the day he was born. My fiancé is going away (upstate as they say) for a year or so. I need to get him into my guardianship or custody. How do we do that? (Pittsburgh, PA)

A: One way, perhaps the easiest way, would be to file a motion for temporary custody in the Family Division. You would draft a motion in which you tell the judge the circumstances and ask to have temporary custody, while the father is away. You would have to serve all parties of interest with a copy before you present it to the Family Division Motion’s Judge. Parties of interest would obviously be mother and any person’s related by blood including parents and siblings of the mother, if you know who they are and how to reach them. This will also include family members of the father. If you have notified these parties of interest ahead of time as required by the Civil Rules, and they do not appear to object at the motion, it should be granted. You should hire an attorney to do this and if you cannot afford one, go to the Family Division at 440 Ross Street and ask to see the pro se motions clerk for help. They can guide you through the process of doing it on your own.