Should we seek POA or be his Guardian?

Q: Our Dad is deeply involved in a financial scam. He has sent between $6,000 and $15,000 to scammers for “taxes” for the prize he has won. He has had 3 months of Social Security checks diverted to some jagoff we don’t even know. He has finally admitted he was deceived but still talks to them on the phone and still talks of sending them money. Sometimes he seems fine mentally and other times he doesn’t. So far, Dad hasn’t agreed to POA, but we think he is coming around. We don’t know if that will be strong enough. What should we do? (Pittsburgh, PA)

A: It is a delicate situation. If he is competent to sign a POA and you can get him to, you may be able to safeguard his bank accounts in such a manner that he cannot withdraw without your (the Agent’s) approval. However, if he will not sign one and/or is beyond control due to dementia, you may need to have a family member appointed as guardian. Being guardian will provide more control of his affairs. However, a guardianship requires court involvement and monitoring. I suggest a consultation with a lawyer who handles guardianships.

Is there anything called squatters rights?

 

Q: About 3 months ago my daughter had her heroin dealer and his girlfriend move into my parents (her grandparents) home. Before my parents knew they were drug dealers they all agreed they would pay my parents $200 a week to stay here. My parents have only received $100 up to date. These people are dealing drugs out of my parent’s home, eating all the food, not to mention taking things from them, destroying the house and back yard. My parents told them they must move out, and had an agreement with them to leave on August 2,2017. They are still here and now are completely avoiding my folks. They have built some sort of lab or shop in the back half of the basement and my parents cannot go in there. Now they are stating they have squatter’s rights and don’t have to move out (because the guy was in jail and receives his “bail mail” here). They also say they have the right to live here until they get a written 30-day eviction notice. Please help. (Monessen, PA)

A: As far as I know, “squatters” have no rights in PA. There are several areas of law applicable. I don’t know how old your parents are but they sound like they are being exploited so you can call Adult Protective Services and see if they will do a home assessment. If these people are dealing drugs, call the police. I am not sure how policing is in your community, but it can be quite good. Police can observe, conduct surveillance and they can investigate. Just stopping in may freak these people out. Also, see a lawyer about eviction and securing their financial assets. These people may unfortunately have tenant rights and an eviction may be necessary

Can Pennsylvania extradite for probation violation on running while in house arrest?

Q: I was on house arrest and cut my monitoring bracelet off and now I’m moving to a different state. (Pittsburgh, PA)

A: I hope it was worth it. You will be charged with Escape and a warrant will be issued once you fail to appear at your Preliminary Hearing in Pa. You may also have a probation warrant issued from PA. At some point in the future, if you should encounter law enforcement in the new state, even for something fluky, the PA warrant will show. You will be held for extradition in the local county jail until PA comes for you after being notified by the holding state. Whether PA will or not, is hard to say. However, sitting in the jail waiting to find out will not be a good experience.

What do I do?

Q: My uncle was here on visitor’s visa from India couple of years ago. He had a hospital ER visit which lead to 20k in medical bills. He had some sort of traveler’s insurance at the time of his treatment. He went back assuming the insurance would take care of the bills. However, insurance denied everything stating it was due to a pre-existing condition. I recently have received a court summons on his name mailed to my address. Since the defendant is not staying in US anymore and they cannot afford paying that huge amount, what can be done? Would I have any impact on all this? (Gibsonia, PA)

A: If you were not named in the suit, but it was just mailed to your address, you should have nothing to worry about. I have seen creditors send court papers such as complaints to several last known addresses of clients. This way they can claim they served the defendant and try to obtain a default judgment. It was probably the address he listed when in the hospital here. My suggestion is to mail the creditor a letter, both regular and certified return receipt mail. In the letter, tell them that your uncle does not live nor has ever resided at your address and to cease further contact at your address. Saving a copy of this document may help your uncle in the future if the creditor should obtain a default judgment. As far as your uncle is concerned, it is highly doubtful that they will serve him with a complaint in India. If he travels back to the U.S. they could personally serve him with the complaint, but that is very unlikely.

How to get dad’s name off my mother’s house?

Q: My mom is going to pass away soon, and my dad’s name is still on the title. He hasn’t been around in 20 years. He didn’t have much to do with the payoff of the mortgage at all. I don’t even know where he is to ask him to sign the paperwork for my mother. (McKeesport, PA)

A:  The easiest thing to do would be to ask him. If you don’t know where he is start asking around-family, friends, his last employer, etc. You would be amazed what you can find on the internet. If necessary, hire a private detective or person locator. Perhaps he has grown up and will sign over the deed to make amends. If you cannot locate him or he will not do it, it is practically impossible to take the name of a property owner off a deed without their signature on a new deed, or without litigation. If he and your mother are owners as husband and wife, or legally, what they call by entireties, his share will pass to her if he would die. However, I am not suggesting that you put a hit out on him. Conversely, he will own the entire house when she passes. You may also want to check if they were ever divorced. Often in a divorce, one spouse agrees to convey title to the other in marriage settlement agreement or divorce agreement. The other option is to consult with a lawyer about a filing an action for partition of real estate. If that can be done with entireties property, the court may accept alternate service by publication if your lawyer cannot locate him. If he does not respond to the published notice, a default judgment could be entered, and his name stricken from the deed.

What evidence do I need to prove a parent unfit?

Q: What type of evidence is needed in a custody case to show that one parent is unfit? The father does not have any prior arrests. All I have are texts from him talking about his drinking causing problems between us and saying that it was why he acted the way he did. I also have pictures he posted on social media where he punched a wall and broke his hand because he was mad. Is this enough to try for full custody of a baby? (Pittsburgh, PA)

A: No, that is probably not enough to get full custody. Drinking too much and punching holes in walls sounds like 50% of the litigants in Family Division. You need something more extreme, like if he subjects the child or is likely to subject the child to harm. For example, he drives drunk while baby is in the car or he passes out from drinking during visitation, etc.

Can the police lie to me to make me an informant?

Q: The police came to my house and said I sold drugs to an informant. I did not do this. They want me to go buy from other people threatening me with felony jail time. (Pittsburgh, PA)

A: It is possible as police can use a certain amount of trickery or deception in their work. On the other hand, perhaps someone else lied to them about you. In either scenario, do not speak with the police and find yourself a lawyer. Once your lawyer contacts them and informs them that you are represented, they will quite harassing you and go through your attorney. Remember, most convictions are based on statements made by the accused. Don’t give them information they can use to convict you.

CRIMINAL LAW, DRUGS, INFORMANT, CONFIDENTIAL INFORMANT, CONTROLLED BUYS

Will a Financial Durable Power of Attorney cover my incapacitation?

Q: I have crafted my accounts, etc., to be transferred to my children, equally, upon my death. In the event I am incapacitated before I die, is a Durable Power of Attorney for Finances and Advance Directives enough to give my children access to my accounts without having to create separate accounts with their signing authority already on them, and authority to manage my care? (McMurray, PA)

A:  Yes, a legal General Durable Power of Attorney should empower an agent to do the things that the principal wants the agent to do. However, it is better if these things, which are called, “powers”, are listed as specifically as possible in the document so that the agent’s authority to exercise such powers are not questioned. My suggestion is to consult with an attorney in drafting a POA so that it will be customized to accomplish what you want it to. As mentioned, a POA is a very powerful document and if misused, can lead to problems with taxes and Medicaid, to mention a few. As to an Advanced Directive, that is a medical document that comes into effect at the end-stage of life. It should have nothing to do with your finances.

Do I have a right to get copies of all emails relating to an incident at work?

Q: I work at an electronics company and I reached into a box of parts and there was a syringe with a sharp needle on it. I phoned my supervisor and left a message about what happened. I work the graveyard shift. I said I what happened and for him and another employee to look into it. When I came in the next day he was by himself. I asked where is Vicky. He said he would get the vice president of the company involved. I came back, and he said that we had to write an incident report on it and they will look into it at their next safety meeting. I was really mad because other employees have been giving me a hard time and I have talked to him about it and he does very little to help me. I took the box and needle and walked out. I was frustrated with his lack of concern for my safety. I told him I was done with all the stuff they were doing to me and to talk to my attorney. I left, and they kept calling me on my way home. I finally talked to the VP about some of the things other people were doing to me. He told me to take the night off and bring the box and needle back on Monday. Now I would like copies of all emails to see if they really were being truthful to me. (Blawnox, PA)

A: I assume you are talking about what appears to be a used hypodermic needle. If you were punctured by the needle I would not return the box to your employer until you can verify that you are medically safe. Take the box and needle to an employment attorney. He or she should advise you to have the needle tested by a lab for any infectious disease. This will verify if your health has been jeopardized. You are likely on thin ice with your employer. PA is an “at will” employment sate and you can be fired for any reason other than sex, age, race and religion. Even if you were not injured by the needle, this will be the only evidence you have to contest your application for unemployment compensation if you are fired and you apply. It also may provide some basis for a wrongful termination suit, perhaps under whistle blower laws, but you need to confirm that with an attorney who practices in that area. In regard to emails your company has issued and maintained, you have no right to them, unless you can independently get copies from your computer or smart phone or another person’s devices. If litigation would start, your attorney can file under discovery rules for them or subpoena them

Can I take my landlord to court for not refunding my security deposit?

Q: I only received $535 of my $2635 security deposit. I was charged for fantasy damage with no receipts to back up the work. I was charged for work not specified in the lease (such as cleaning) and just outright crazy charges ($75 for lightbulbs!). Can I take them to small claims court? (Oakmont, PA)

A: Yes, you can file at the District Justice level for return of your security deposit. Make your you have notified your landlord in writing that you demand the full return of your security deposit and provide him with your new address. I would send the letter both certified mail, return receipt, and regular mail. When you file your complaint, ask for filing fees and lawyer fees to be awarded if you hire a lawyer.