Where to start in a suspected case of fraud for elderly parent?

Q: Mother is elderly living in a nursing home. Severe dementia, however not ruled as incompetent by a court (because it was never an issue before…). Relative in another state passes and evidently my mother was a beneficiary to her life insurance policy. When this relative passed, they sent paperwork to my mother to file the claim. My brother (who is estranged from the family but does visit her) somehow got this claim information. No one else, including myself, knew anything about it. He files the claim, gets her to sign it, a check is issued. I learned of this by finding some random paperwork in her room and researching. After talking with the insurance company and providing my POA they tell me the check was cashed BY HER (I saw a copy, it’s indeed her signature) to a bank account I know nothing about. My assumption is that he ‘added’ her to his bank account and had her deposit the check in it. I called the bank, they won’t talk to me without a court order even with the POA. I know crimes have been committed, but I’m not sure where to start. APS? Police? If she signed it ‘willingly’ is there even any crime since she is not ruled incompetent by a court?

A: Calling Adult Protective Services and the police are good starts. Also, as soon as possible, get an opinion in writing from her doctor that states at the time the check was signed she was incompetent. If you cannot get any resolution through APS or the police, hire a lawyer. The lawyer will determine what actions are necessary to have the money returned. It could be as simple as a letter to your brother. It could be more protracted and require court action and a court order.

Can I sign my father out? What are my rights as POA?

Q: My father was hospitalized at a local hospital for pneumonia and a urinary tract infection and insomnia. He was taken off his dementia and depression medication and all his meds. They gave him sleeping pills to sleep for 2days. They told us they could not put him back on his dementia meds because they did not have geriatric psychologist on staff so we had to transfer him to another hospital so we did two weeks-ago. All they have done is put him on new medication. Which he was fine. Today I had made arrangements to have him discharged at 3pm, Early this week he had intestinal virus there that I found out 4 other patients had now they think he has another UTI. They tested him for it on Tuesday morning but have not given him any medication for it. They had made plans to orders melds for us. At 1:30 today they called and said they could not release him because they did not have results for UTI. What are my rights to sign him out of there with our Power of Attorney and get his new medication prescriptions? Personally, I think it is a numbers game for this hospital because they lost all their patients this week and only have six patients and many available beds. Please help!

A: If the Power of Attorney authorizes you to admit and discharge him from a hospital, you should have no problem. If it does not, you should ask the hospital if you, with your next of kin status, can do so. My thought is that if you are acting as next of kin, you should be able to do so. You should not have him discharged without a sound medical plan in line such as another hospital or a doctor who can immediately assess him and admit him.

Can I sue JC Penny and the cop who falsely arrested me for theft?

Q: I was falsely accused of theft by JC Penny and the arresting cop is saying I stole 4 pairs of shoes. They have a photo of the person who did it on crime page. The person is not even me! I have proof where I was at the time. I am 6 feet shorter than the person who did this plus have piercing in my nose which cannot be removed and she don’t. I even lost my job over this! WTF? (Carrick, PA)

A: Generally, if you have proof of liability and damages, you have a law suit. You mention that you were arrested and if you can prove you lost your job. You therefore may have measurable damages. As for liability, if it was an honest mistake, the store has a defense that would weaken your case. However, if you are 6 feet shorter than the real criminal here, that is quite a noticeable difference-an obvious mistake! The case may have some settlement value. I would review this with a personal injury lawyer, one who has handled wrongful arrest cases

Should I have my father as POA taken off my accounts?

Q: I’m 53 years-old and live in Pittsburgh PA and have recently had my 87-year-old father listed as POA on both of my investment accts (Roth IRA and TOD) at NY Life Securities so he can buy and sell funds on my behalf without me being directly involved. I’m now wondering if that was the wrong thing to do in regards to the possibility of a nursing home considering my investment accts, in part or whole, as part of my father’s assets if he were to ever end up in a home. I’m sure I also have him listed as POA on my bank accts too. Is this OK or could this potentially cause me a problem and I should remove him as POA on all my accts? If I should remove his POA from all my accts, will these accts now be subjected to Medicaid’s 5 year look back period? Thank you in advance. (Jefferson Hills, PA).

A: There is a difference in having another person on your accounts as POA as opposed to joint owner. POA status allows them to access the account in your place, such as writing or depositing checks. Being on the account, as joint owner, means that the person has equal ownership rights with you. If your father is a joint owner, yes, this could present problems if he ever needs to apply for Medicaid. These accounts could be considered a countable asset for Medicaid. If he is a joint owner, I would transfer the account into your name and keep a record of everything you do. If the issue ever arises with Medicaid, you can successfully defend any claim if you can show that the money used to establish and maintain these accounts was yours and your father was only put on the accounts for estate planning purposes. If is status is just as POA, I do not believe you have any worries regarding Medicaid.

I bought a 2015 Chevy Cruz. Can I take it back?

Q: I bought this 2015 Chevy Cruz and 5 days later came into financial trouble that I didn’t foresee happening. I called the dealership and they told me they had called the bank to unwind the loan for me. I called the bank to find out they never called them. The man at the dealership lied to me. Since this my blood pressure has gone so high I lost partial hearing in my right ear. Is there anything I can do. I have called the dealership 3 times and they won’t even speak to me. Is there anything I can do? I am in dire financial trouble with this car. All I wanted was the loan unwound. When I talked to the bank to see if the dealership called them they said they never got a call from them as they the bank would have rather undo the loan than repossess

A: Forget the car dealer. They could care less about anything once you are out the door. My suggestion is that you enter a voluntary repossession of the vehicle with the bank. From now on keep a record of your calls, conversations and contacts. Send the bank a certified, return receipt letter requesting the voluntary relinquishment of the car. Let the car sit, lock it up and keep it safe from damage. If that doesn’t work, just don’t make the loan payments, they will contact you and repossess. This is not something you go to jail for. It will hurt your credit a bit, but you can recover and somebody will loan you money again, believe me.

Can I own a firearm again with a felony 6 years-ago?

Q: It was a crazy situation from breaking up with my girlfriend who was 15 and I was 19. Her parents had me charged with statutory rape. Sounds terrible I know and it ruined me from then on. I pleaded no contest and had to do one year probation. Never spent any time in jail either and haven’t even had a parking ticket since then. I want to own a gun to protect my wife and children in our own home. No guns for anyone with any kind of record it seems. Is there a way for me to ever own guns to protect what is mine and keep my family safe?

A: To give you a precise answer, I suggest that you order your criminal history from the PA State Police to determine how the grading of this offense appears in criminal databases. My thought is that 16 years ago it was at least a Misdemeanor 2 and additionally, it would be viewed as a sex crime and/or crime of violence which would make you ineligible for expungement

Elder neglect penalties?

Q: What is the penalty for someone who didn’t take care of their elder spouse such as withholding nourishment, and not properly helping like withholding hygiene for the person? This was the main cause that lead to the person’s death.

A:  More information would be needed. If this is an extreme case of failure to nourish, which is medically/forensically related to the death, the charge could be homicide. I would review all the details with a lawyer or contact the police.

 

Arrested in Sonoma County for a DUI. Will Ca. notify PA?

Q: I live in Pennsylvania and was attending a wedding California in October 2016. After the arrest, I hired a Sonoma lawyer. I am being told to accept informal probation and I am curious how this could affect my life in PA. Is it public record? Also, I am going through a messy divorce with an 8-year-old so I don’t want this used against me. Thank You. (Pittsburgh, PA)

A: You need to determine if you are entering a plea agreement for a first-time offender’s program that leaves you with no criminal record, like ARD in PA. If that is not the case, my best guess is that you will have a criminal record for a DUI which will be part of a national database. PA will know about it. There is a law called the Interstate Compact, through which all states share information. Also, any driver’s licensing penalties related to a DUI conviction in CA will be imposed by PA. I think you need to call the CA attorney and verify more details as to your plea agreement.

Can I appeal Mediator’s decision in child custody?

Q: I am in mediation for child custody. It is getting me NOWHERE! I am asking for spit custody, I end up with one weekend a month. How do I appeal the mediator’s decision? Do I file DE NOVO? What motion would I submit?

A: If you are referring to Allegheny County custody mediation, yes. The mediator only makes a recommendation. If you agree with it, you can enter a consent custody agreement with the other parent which is presented to a judge to sign off on. If you do not agree, you need to file a Praecipe for a Conciliation. The case will now be in the pipeline to a judge for conciliation first, then trial. I suggest that you hire a lawyer to navigate this for you.

On probation, crashed into a pool. DUI. Am I going to Jail?

Q: My little sister just passed away and my mind was not in the right place and I was driving drunk and crashed into a neighborhood pool (closed). This is my first mess up on probation and I never been in jail. Do you think I’ll get longer probation or jail time?

A: Much more information would need to be known before any lawyer can answer this question. I suggest you consult with a lawyer immediately. In Allegheny County with a DUI, if you are not ARD eligible, you may receive alternative housing or possibly house arrest, but jail is a possibility too. Again, more information is needed. As you are aware, your probation judge can treat your DUI offense committed while on his or her probation as a probation violation and potentially sentence you to jail or extended probation.