Is it elder abuse to receive money from someone who is like a grandmother to you?

Q: I have known this lady for about 20+ years and has been like A grandmother to me. I’ve lived with her and everything. Her son has never really liked me. Long story short she has helped me sometimes with financial matters like one time my car got towed so she wrote me a check for $350 to help me get it out. Basically, I’ve gotten A little help from her on some occasions and her son I think has called the police and said something about elder abuse. She is older but was the smartest women I’ve ever known. We both held a high spiritual relationship and loved each other dearly. I’ve never taken advantage of her. There were times when things have come up and we would pray about it. We would then agree that her helping me out with money wasn’t the answer. But then again sometimes she would give me a helping hand. Can I really get into trouble? I never felt as if I was doing anything wrong in anyway. She has since passed away and I’m scared! We’re only talking about 2500$ in a couple years.

A: It sounds somewhat harmless the way you describe it, but I would need to know more facts. Was she incompetent? Did she have dementia? With her not being around to be interviewed by police or an adult protective services investigator, it is unlikely anything will come from it, especially given the fact that only $2,500.00 is involved. My opinion would change of course if there was any forgery or theft involved, or some other tangible record that exists.

How should I ask about paying an attorney?

Q: I thought I was one step from hiring an attorney. I simply asked how much he was charging so I could pay him up front and get things going. I haven’t heard back from him after I sent an email asking about meeting or faxing info to him. I wanted to pay him up front and deal with him on the 1st step as he had already put some time in talking to me and if things went further had already let me know I would be referred to someone else for further action, which I was fine with as I felt he deserved something for his time. After my email to confirm a payment amount I never heard back. Is it wrong to ask for pricing? I’m not someone who can just say bill whatever amount and be in debt to an attorney for $10,000 for a ten-minute conversation. Just want to know how to approach asking how to pay for their services please?

A: Of course, an agreement of potential fees should be discussed before any work commences. Likewise, any consultation fee should be communicated to you by the attorney before you start the consultation. Certain types of legal work require fees to be included in a written fee agreement signed by the attorney and the client. Ask the attorney and if you can’t reach an agreement, find another attorney. If you are sent a bill for a consultation and you never agreed to such billing, you may have a defense to not paying it.

How can I put a CD in my son’s name so he would get 1/2 of it if I died or go into a home?

Q: My one son is on Social Security Disability and I want to make sure that if I should die, he would get 1/2 of the CD to help him pay his rent. My main concern is whether if I should go into a nursing home would they take all the CD or just 1/2.

A: The answer is more complicated than you probably realize and you may want to consult with an elder law attorney with whom you can share all the facts which need to be known. If your son is on SSDI, then he can receive this gift with no penalty. If he is on SSI, which is needs based government program, this gift may jeopardize his benefits. Also, it is worth considering is how this transfer will impact your eligibility for Medicaid, in the event you need to apply for Medicaid in the future. If this transfer is done within five-years prior to your Medicaid eligibility it could rule you ineligible to receive benefits to the extent of the amount of the transfer. Also, be aware that if you title the CD as joint tenants with right of survivor, he will receive the entire value of the CD upon your death. An elder law attorney may counsel you on other methods to shelter this money for him such as a special needs trust. It would probably be worth the consultation fee.

How do I resign my legal guardianship of my niece which was appointed by a judge?

Q: I was given guardianship of my niece and no longer want it. I believe she is better with her mother and I want to give my sister back full guardianship of her child.

A:  I would consult with an attorney with whom you could share all the information needed for someone to thoroughly respond to this question. Was this a guardianship through Orphan’s Court or Family Court? It matters as the procedure to transfer guardianship to someone else would be different. In any event, you will need to petition the court, either Family Court or Orphan’s Court assuming that an order of court placed her with you.

Do I have the legal right to see the evidence against me? PD refuses to meet!

Q: I have been charged with DUI, due to being on prescribed medications. I was arrested and charged only after an officer pulled up behind me because I had a flat tire. My public defender is now refusing to meet with me prior to the morning of my trial date to go over the state’s evidence. I was told that I would have the opportunity/right to go to the PD office to see the discovery, including the officers dash cam video. I’ve requested to make an appointment with my PD and she has refused. What can be done about this and is this illegal? I’ve been on the same prescribed meds for over 10 years and I even have notes from my prescribing doctors stating that they have never witnessed me act or appear “impaired” in any way and that I have always abided by their necessary drug testing and so forth. Even my Psychiatrist and Physician are shocked that I’ve been charged, especially since I wasn’t pulled over for appearing/driving impaired. I have absolutely no prior record at all and this situation just doesn’t seem right or fair, especially the refusal of my public defender to meet with me, prior to my trial date, to go over evidence I to subsequently build a fair and proper defense for my case.

A:  You have the absolute right to see the evidence including the video and your attorney should obtain this evidence through discovery and take time to review it with you. The way you describe this, it sounds like you may have a defense. If the officer cannot say you smelled of alcohol, the Commonwealth must either 1) have an expert to say that the blood test revealed an amount of prescribed drugs in your system that was beyond the medically prescribed therapeutic level, and/or, 2) have the officer testify that your behavior and mannerisms rendered you incapable of safe driving. The dash cam video should shed some light on your behavior. If I was your counsel I would have your prescription information ready and your doctor as a witness. I would request to review the Commonwealth’s medical expert’s report. If you cannot hire private counsel, persist with your Public Defender. If she is not helping you, be polite, but insist on speaking with her supervisor.

Would it be a violation of probation to be signed out of high school at 16?

Q: I recently started probation and I’ve been failing my classes for a while now and making no significant progress. Parents said if I don’t improve my grades they’ll sign me out and I’ll have to get a job. So, if they were to sign me out would it be a violation? And would getting a job soon after being signed out make it any better or not a violation if it is?

A: If staying in school is a condition of your probation, then yes. If you leave school, it would be a violation of your judges’ probation conditions. Education in PA is compulsory until age 17. This means you must stay in school until age 17. At age 17 you can sign yourself out. Until then, you cannot miss school unless you have a valid excuse, such as a note from your doctor. If you miss school without an excuse, your parents can be cited for truancy, summoned to the District Justice and fined. If you are failing, you may want to talk to your counselor about an Individualized Education Plan (IEP) or an alternative school or cyber school. Stay in school and get your diploma.

When I sell, can the new owner get a more fair- market rent from my current tenants?

Q: I own property and buildings that I want to sell. The problem is, I have a business tenant on my property who has a long-term lease but only pays $1.00 per YEAR in rent. Obviously, no one is going to buy the property with a lease like that in place. Can a new owner claim market unfairness in such a lease and get the tenants to pay a fair market rent? If not, then I will never be able to sell my property in my lifetime. Surely, there would be some legal remedy for a new owner? (McDonald, PA)

A: You need to have the lease reviewed by an attorney to determine if it can be challenged. If you inherited this tenant when you bought the property, you need to have your sales agreement checked to see if this lease contract was assignable or even mentioned. If he has as lock tight agreement, you may need to buy him out. I would have to research if there is any common-law limit on the number of years a lease like this can be legally in effect.

How can I stop my sisters from giving away our family home and their money?

Q: I own a house in joint tenancy with my two older sisters. They live in the house and I do not. One has had two strokes and doesn’t really know what’s going on, and the other is making very poor financial decisions, is very angry, forgetful, and talks to herself. I fear she may have dementia but I don’t know how to get her to submit to an exam by a specialist. Now they have a new “friend” to whom they have given power of attorney, and who helped them create a will naming her as a beneficiary. A medical caregiver in the house told me she saw one of my sisters give this “friend” the deed to the house. They are writing her checks for thousands of dollars. This has all happened in the course of three months. The only asset is the house, and they have income from their pensions. I am now staying with them because I feared their friend was planning to move in. How do I keep the house safe, and how do I get rid of the friend? My sisters think she’s wonderful because she drives them and has helped them clean up their house, but she is poisoning their relationship with me which has been good until now. (Allison Park, PA)

A: You raise some concerns here which touch on elder abuse and financial exploitation. You may want to contact adult protective services to do a home visit and assessment. You should ask the friend to allow you to examine the POA and any other documents your sisters have signed. Make copies if you can. You will also benefit from consulting with an attorney about the suspected financial exploitation and what would be involved if you wish to become their guardian. As far as the deed, you would need to sign the deed in order to transfer ownership to anyone, assuming the property is held as joint tenants with right of survivor.

 

What can I do with my Mother’s home? She is 93 and currently resides in the house.

Q: She has a trust and I am the only beneficiary. She has a life estate that was signed over 5 years ago. She has nursing home insurance but they say she is not currently eligible to receive benefits. We live in Oregon and I am disabled. The cold weather contributes to my pain levels and I want to move to Florida. The house is 64 years old and my husband age 79 has done many repairs and major remodeling to keep the place intact and from deterioting in value.
We would move her to Florida if necessary. The local relatives either work out of town or they are not well and able to help. I wonder if we can sell the house or would we need to rent it out until she passes away? She has some assets in addition to the house but no other real estate. 

A: You really should consult with a lawyer. The life estate would need to be reviewed to determine what conditions allow mother to vacate the lease. Trust needs to be examined as well to verify if and when any transfer was made. These need to be known especially if there is any potential that your mother may need to apply for Medicaid funding in the future. If there is any chance that Medicaid will be involved and this house may be subject to a Medicaid lien, you will want to sell the house only at fair market value and nothing less and document the transaction as well as how all the proceeds are spent on your mother’s care. However, review this with an attorney before you do anything. You may also want to consult with a Florida attorney regarding Medicaid.

 

Is there any way for me to have a gun license after my only conviction for drugs 18 years-ago?

Q: In 1999 when through a divorce, did not know how to accept it. I was introduced to drugs got caught. Now, after 18 years this past is haunting me. This was my first offence and only conviction.

A: It depends if you were convicted, and if you were, if it was an ungraded misdemeanor for possession or a felony for possession with intent to deliver or delivery. I would check your record to confirm what happened when you went to court in 1999.