How can I stop my mother from taking out pay day loans?

Q: My mother lives on $1100 per month social security and has 5-6 loans ranging from $300 to $1000, some collateral and others payday. I paid off her loans two years ago and she has just redone the loans again. She had given me control of her checking account, but she opened a checking account and started taking out the loans again. (Neville Twp., PA)

A: As long as she is competent, she can do as she pleases. If she owns real estate or a motor vehicle, they can be subject to a lien or seizure if she is sued successfully and a judgment is obtained. If she owns no such property, and she takes a judgment, nothing can really happen to her except bad credit and phone harassment from creditors. Of course, you want to make sure she is not borrowing from thugs who may break her legs if she doesn’t ante up. If these loans are a result of some sort of mental infirmity or incompetence, and she becomes a danger to herself, you may want to speak with a lawyer about becoming her guardian.

Can my mother’s spouse deny a live-in caregiver for her?

Q: My mother, who is very ill would like to hire a family member as a live-in caregiver. Her husband does not want them there. Does he have the right to deny her a live-in caregiver? (Carrick, PA)

A: These are complicated situations. If your mother’s husband is a sole owner or owns the house with your mother, he can bar you or a caregiver from entry. If you feel your mother is being neglected or abused, you can call the Department of Aging of Allegheny County and see if they will investigate. If her husband becomes more obstinate, you may want to consider filing in court to be her guardian. I recommend a consultation with an elder law attorney.

WE WANT GIFT PARENTS MONEY TO 7 GRANDCHILDREN BEFORE MEDICAID GETS IT

Q: HOW DOES THIS WORK. I HAVE A PARENT WHO IS IN A FACILITY. WE WANT TO APPY FOR MEDICAID. WE WANT TO GIFT MONEY TO 7 GRANDCHILDREN. WE WANT TO APPLY FOR MEDICAID BUT IN ORDER TO DO SO WE HAVE TO SPEND HIS MONEY DOWN TO BELOW A CERTAIN NUMBER. THE PARENT WANTS TO GIFT SOME TO HIS GRANDCHILDREN. HOW DOES THAT LOOK TO WHEN MEDICAID IS LOOKING BACK 5 YEARS INTO HIS ACCOUNTS? WHEN ALL BILLS ARE PAID DOWN AND FUNERAL IS PRE-ARRANGED. IS THAT POSSIBLE? (NEW KENSINGTON, PA)

A: the short answer is do not do this yourself. It sounds like it would be a flagrant violation of medicaid regulations and could cause your parent to be ineligible for medicaid and spend their remaining days in a run-down, flea-ridden, warehouse for the elderly. there are certain ways to spend-down with the procurement of medicaid exempt necessities and perhaps to even shelter some of this money. however, only do this through an attorney versed in medicaid regulations

Can I tell judge husband does not deserve jail in victim impact?

Q: We were both charged with domestic violence, simple assault. My case will be dropped but he is on probation for non-violent traffic plea deal. I received paper in mail this week asking for victim impact statement. Can I take this opportunity to tell the judge my man is actually innocent and the negative effects this is having and has had on our family is due to the judicial system and him being held in jail instead of home raising our baby and providing for us as he always has? He does NOT deserve the charges. I want to know if this can hurt him at all if I plead to let him come home? (Pittsburgh, PA)

A: Every victim is afforded the right to speak at a defendant’s sentencing. Since I am not intimately familiar with the facts here, I suggest you run this past your attorney first. This is to make sure that anything you say will not jeopardize the plea agreement that you have been offered. You stated your case, “will be dropped”, so you want to make sure that happens. Secondly, you need to be careful that what you say at his sentencing is not contrary to your prior statements in the case which led to his arrest. This could lead to false report charges being filed against you. You may also want to seek counseling with a domestic violence therapist.

Can CYF base a safety plan on a criminal court no-contact order?

Q: CYF made us sign safety plan and our baby is home. Can they say the safety plan is gone based on criminal no contact order? Cops were called and told us last time they would call CYF if they were called again (stupid fights never violent). Our baby was never in any danger. This incident they arrested both of us, but he is STILL in jail on a non-violent probation violation. His “violation” is the new Simple Assault charge. There was automatic court ordered no contact order and after 60 days they checked our home, and he said he doesn’t really see why CYF is involved, etc. He said the safety plan was “over” yet it isn’t a closed CYF case. He said it was over and seemed to hint that is based upon the “no contact order” the court put against my boyfriend, so he couldn’t contact me. We are getting married when he gets out, we are a FAMILY and I want to know if CYF is legally allowed to base a safety plan or decisions about it on the sole fact of the no contact order that has nothing to do with CYF. Please help? (Pittsburgh, PA)

A: If you are asking if CYF can put a safety plan in the home because of a criminal court no contact order, my answer would be yes. CYF can act based on the threat of harm to a child in the home. Domestic violence is such a threat. A no contact order will help keep the child in the home, but if CYF believes it is not being followed they can remove the child for safety concerns. I would follow the no contact order and cooperate with CYF to keep my child. A child witnessing even “stupid fights…” between parents can be harmful to the child’s development and mental well-being. My advice would be for the father to complete anger management and both of you complete parenting. This will give CYF added assurance that this will not happen again, and the child is safe. I advise you to get counsel. If you cannot afford counsel, call the Allegheny County Juvenile Court Project and sign up for a parent advocate. They are good attorneys and will give you proper advice.

Can friend or family represent someone in court if that someone refused his Public Defender?

Q: Am I allowed to represent someone who is family or friend in court, if they agree that I do so? My nephew was charged with a crime and he requested I help him, as I have experience in the legal system. He refused a public defender and could not afford an attorney. I was then arrested and charged with tampering with evidence to trying to help him.

A: You must be a licensed attorney to represent someone in court. It is commendable that you will help him. You may be better served in helping his attorney as far as gathering information or tracking down witnesses. I suggest you let a lawyer make the legal decisions. If your friend cannot afford a private lawyer, contact the Public Defender. If you treat the PD with the respect, they will treat you likewise. Having a lay person represent me in court who has “…experience in the legal system” to me, would be like letting the receptionist at my doctor’s office perform surgery on me.

Can friend be arrested for telling a cop he would sell drugs?

Q: Can he get charged with anything even if he didn’t sell any? My friend told a cop he sold drugs. But when the cop went to go get the money he left. He never sold him anything just told him he had it can he get charged with anything? (Pittsburgh, PA)

A: I really doubt it. There is no physical evidence-no drugs, no money, no witness to a delivery. There are people that confess to murders all the time who didn’t commit them. They do this because they have mental health issues. People say all sorts of things. I don’t think it even arises to the level of attempt or conspiracy as there is no overt act toward the expressed verbal intent. Tell your friend to not talk to guys who look like body builders, have shaved heads and act like they need drugs. They are probably cops.

Should I put utilities in my name?

Q: I lived with elderly mother all my life. All the utilities were in her name, but I paid the bills. She died 2 years ago. I still live in the house and still pay the bills. Shortly after her death I told the alarm company that she died, and they said there was no need to change anything because I had continued to pay the bill. But now I’m wondering if I should try to change the name on the utilities and how. (Sharpsburg, PA)

A: As you can see, the utility provider mainly cares about being paid, not who is paying. I know of no such law that mandates you change the name on these accounts. Perhaps someone else does. I would however change the name on the accounts. It will establish a credit history with the providers attributable to you as a payee. As far as real estate taxes go, you need to update who is living in the house. This is to avoid wrongly benefiting from any senior citizen’s discounts if you are not a senior citizen. I would also inform the property insurer as to her death and request the account to be switched into your name. For all you know there is a clause in the policy that negates coverage if your mother died or moved.

Is there a time limit to file an Omnibus pretrial motion?

Q: This is in the state of PA for a criminal case. I was caught in PA for a DUI, which I am contesting and handling myself until I can find suitable counsel. I left my Formal Arraignment the other day with a paper saying I had a time deadline to file the Omnibus Motion. I need to get my lab results to a lab because I suspect they will be tampered with. I also want all the evidence against me. (Sharpsburg, MD)

A: Allegheny County and many other counties, do not strictly enforce the 30-day rule. To preclude further discovery based on a technical time limit would be a denial of due process, so most courts do not enforce the rule. The point is for the defense to not wait until too close to trial to file discovery motions as this may cause the defense to continue the case, or even be precluded if the court feels the defense is intentionally stalling. Get your discovery motion in as soon as you can. Normally, you need to review the DA’s discovery first.  I suggest hiring a lawyer to represent you.

How can I get a 27-year-old felony exhumed in Pennsylvania?

Q: I have a 27-year-old felony. I was charged with involuntary manslaughter and aggravated assault from May 1991. How can I get out of this? (Pittsburgh, PA)

A: I think you are asking how to get this charge taken off you record which is called an expungement You cannot get it expunged since you were convicted, and it was a felony. Until the legislature allows expungements of felonies, you are stuck. When asked, perhaps you can put a favorable spin on it. You will need to file for a Pardon. Consult with an attorney who handles pardons.