WONDERING IF SHOULD I GET A POWER OF ATTORNEY?

Q: MY MOTHER IS VERY ILL. RIGHT NOW I AM TRYING TO WORK ARRANGEMENTS WITH CREDITORS TO CATCH UP ON HER BILLS THAT HAVE NOT BEEN PAID. I WAS TOLD THAT I WOULD NEED TO GET A POWER OF ATTORNEY OR LIVING WILL. WHAT OPTIONS DO I HAVE TO HELP WITH HER AFFAIRS BUT NOT TAKE THE FINANCIAL BURDEN ON WHEN SHE PASSES?

A: If your mother is still competent, she can sign a Power of Attorney. My suggestion is to have her consult with an attorney to ensure that the Power of Attorney drafted will give you the specific powers that you need. By becoming her agent on a POA, you do not assume any financial responsibility for her debts as long as you do not exceed or abuse the powers granted to you.

A sibling wants my dad locked away in a nursing home!

Q: It is obvious that my father wants to go home. It is obvious that he would not have granted my sister power of attorney if he’d known she would do this when he was helpless. He wasn’t helpless about a week ago, but he fell out of bed reaching for something and scraped his scalp. My sister pounced on the chance to call 911 and have him taken against his will to be checked. He was admitted for observation simply because he’s very old. He resisted and was injected with Haldol for days. My sister consented to it for him despite reams of information I’ve sent her about its lethality, or perhaps because of it. The hospital made him a drooling wreck and said we could not care for him at home with his wife. In the nursing home, they use heavy doses if Ativan. At a care conference at his bedside, the staff and my sister all agreed that he could not be cared for except in a nursing home. Of course, he can’t, he’s a bag of Aricept and Ativan. If they keep giving him Ativan, he’ll become an addict. If they keep giving him Aricept, he’ll stay crazy. He’s been deemed incapable of making good decisions, so he can no longer get himself out of there. (Ben Avon, PA)

A: This is a difficult situation. I think his competency is the key. If he is competent, he can sign himself out, override the POA or revoke the POA in writing. If he is incompetent, then your only choice, if you cannot work this out with your sister, would be to file a petition to be his guardian. An order of court appointing you as plenary guardian would nullify the POA. If you can get a copy of the POA, I would review it with an elder law attorney who handles guardianship law. He or she can advise you on what would be involved in seeking to be his guardian.

Can a vehicle passenger get arrested if firearm found under seat?

Q: There were the three passengers in the vehicle, a firearm was found and no one confessed to it being theirs, but only the passenger was arrested. The driver and the person in the backseat was let go while the passenger was arrested. Is that illegal? (Pittsburgh, PA)

A:  It is common for the police to charge all occupants of a motor vehicle if contraband was found in an area of the car in which any one of the occupants could have hidden the contraband. The DA can prosecute the case under a “constructive possession” theory, and even get a conviction. However, the police have the freedom to charge whoever they want. It is not unusual for the police to arrive, talk to several actors or witnesses and decide on the spot, who to charge and who not to charge. In your case, they figure, ok, if nobody will admit to it and make our job more difficult, we will charge them all and they can fight it out in court. Is it fair to the defendant who is charged and is not guilty? No, it is just the way it is. So, to answer your question, yes, the police can charge only one of the vehicle occupants. The good news is that the at trial, person charged can blame it on the other occupants to create reasonable doubt. If there is any doubt as to possession and his or her lawyer is half good, it will be a not guilty verdict.

My Mother is aging and health is declining. I need some legal advice on few options?

Q: Currently I am the primary care person for my mother. She started to decline last year after she had congestive heart failure. She is at home and my brothers and I cover time in-between. There are times she goes without coverage for a few hours. She is starting to have a fear of being alone. We are wanting to possibly work with a lawyer to help guide us through the process and find a solution that will last without bankrupting her in two years. (Pittsburgh, PA)

A:  It is good that you recognize the need for an attorney. No one can answer exactly what legal services your mother needs without knowing more information, including the extent of her assets and how they are titled, her health, her health insurance coverage, her long- term disability coverage if any and her competency, it will likely be necessary to have the attorney draft a General Durable Power of Attorney, Last Will and Testament and a Living Will. Advice on the potential of Medicaid funding may also be helpful.

Is there a POA that will not allow real estate transfers?

Q: My older sister wants to be POA over my father to handle his finances, bank accounts, insurance, etc. But, my father doesn’t want to give her authority to sell/transfer/liquidate his real estate property. He would like to have a will done to include his three children receive shares of the real estate property. Please advise on what steps to take to insure his wishes are carried out since he is 84 years old and my mother just passed away on 5/25/17.

A: The “powers” portion of a General Durable Power of Attorney can be tailored to fit a particular need. Your father should make an appointment with an attorney and have the attorney draft a POA which removes the specific powers which authorize an agent to transfer real estate. Limiting language can be added to the effect that he does not authorize his agent to sell, transfer or liquidate his real estate.

Can I get my property back if I’m not allowed on the property?

Q: My girlfriend lived with her grandfather for a few years and when she moved out two months ago she left a few large items on the property with permission. Around one month ago however her mother died and an argument over the funeral plans caused the grandfather to bar her from the property and he is refusing to allow her to collect her things. He is asking for an absurd amount of money to collect the items, to the tune of $40 a day since she moved in or roughly $78,000 in back storage fees that were never agreed to. He also refuses to allow her to collect the items from her mother’s estate as she lived with him at the time of her passing. The items value at around $2,000 to $3,000 but some of them are extremely sentimental and there are also textbooks that she needs for college. I need to know my legal options to retrieve these items or to sue him for the value. (Pittsburgh, PA)

A: He sounds like a real pill. Perhaps multiple trips up the Courthouse steps is what he needs. Seriously, regarding her property located in the old geezer’s house, have her file a civil suit with the local District Justice under a conversion or theft theory of law. Before she does, provide him a demand letter via certified mail to prove to the court that he was given notice of suit and did not respond. As far as her mother’s estate, she should review that with an estate attorney. More information would need to be known, such as was an estate opened? If not, why? If an estate was opened was this personal property you describe listed on the estate Inventory? If not, why? Etc. etc. Consult with a local estate lawyer.

How do you stop a group mental home from moving to your street?

Q: There is a government subsidized group home for people that are mentally challenged that is planning to buy the lot that is across the street from my house, which is in an area zoned R-1. My concerns are that I have a fifteen-year old daughter. I learned from a police officer that’s one of the residents on the street that the group home was renting in a different location, and there have been problems. One of the residents of the home has walked around the neighborhood and been caught looking-into houses. They could also be violent or sex offenders. I would like to stop them from buying across the street. What would it take to stop them from moving in? Can a group home move into an area zoned R-1? (Baldwin, PA)

A:  If they are mentally challenged, you can probably outsmart them. If what they propose is not a permissible use under the zoning code, they may have to seek a variance, which puts a very high burden on them. The question is all about whether the proposed plan meets the criteria of your local zoning ordinance. You can do many things. Go to the borough building and get a copy of the most recent zoning code and read it. You can contact the zoning code enforcement officer and tell him your concerns and ask him why the proposed use does or does not meet the zoning code. Find out from the borough secretary when borough council meets and ask the procedure for citizens to appear and address council. Also, as mentioned, join in with your neighbors and unite to oppose the proposed use. Circulate petitions against. You can also hire a lawyer to advocate for you. Do not wait until it is too late to start your legal opposition. Lastly, which I do not advise, you can arm yourself legally and take advantage of the Commonwealth’s nifty expanded deadly force laws.

What legally could happen to my daughter?

Q: My daughter 19 was in a relationship on and off with a 17-year old male. Both sets of parents knew about relationship. In April, my daughter found out she was pregnant and now the mother of the boy wants to press charges for corruption of minor.

A: Legally, it could happen as he is a minor and she is an adult, even though barely. People on the lower IQ spectrum feed off television and want to put everyone else in jail. Will it happen? I would hope the police will not pursue this and would think cooler heads will prevail. To start young parents off with criminal charges will not serve any purpose other than aggravating the situation. Plus, the defendant may have a judge find her not guilty given the circumstances.

I need a lawyer to help me with my husband’s 401K, Pension, social security.

Q: My husband passed away 50 days ago at age 66. He took care of everything in the house. I have no idea about his 401K, pension, social security. He passed at age 66. He worked for Rockwell International for over 30 years. I was in huge shock. He almost handled everything in the house. I need a lawyer to help me sort it out.

A:  It is not unusual to need a lawyer in your situation. Most people do. At least you know that you need one. All you need to do is locate an estate attorney in your area. Ask around for a referral, talk to people who have used attorneys in these situations. What you describe should not be that complicated or expensive to handle. Rockwell should be able to help you identify his employee benefits, pension, etc., and assist you in at least getting started with the paperwork. An attorney can assist you further and with related inheritance tax and income tax issues. I am sorry for your loss but am confident you can get through this.