Do I need a Contract for Personal Service with my Elderly Parents?

Q: I am in the process of moving from my home in Pittsburgh of 28 yrs. to be closer to my Elderly Parents with Health Issues in Steubenville, Ohio. I have quit my job to be able to go back and forth every few weeks and sort and pack freely and my Parents are helping me by paying my bills, etc. temporarily. I am not caring for them, only getting closer in case I should need to. One Person says a caretaker contract is needed because of possible Medicare in the future, another says it shouldn’t be necessary until a certain dollar amount as a gift is surpassed. Can someone clarify please?

A: You really should consult with an Ohio elder law attorney. If your parents may need Medicaid assistance to pay for home care or nursing care in the future and an application to Medicaid may be foreseeable, you do need advice on how to draft a caretaker contract in compliance with Medicaid regulations. This way, the money paid to you as a caretaker, will not be subject to the Medicaid 5 year look back. An attorney may also advise you on other ways to shelter your parent’s assets while maintaining Medicaid eligibility.

Why did his Public Defender “waive” his case?

Q:  Does a public defender waive court appearance. A  friend is in jail, and the past two court dates the public defender waives his appearance. Why ?

A: If you are stating the PD waived a case to a further court, that is not that unusual of a practice. Many times an attorney or PD will advise a client to waive a case from a preliminary hearing, which means he did not choose to contest the matter at that particular hearing. Sometimes it is done because the lawyer or PD did it in exchange for some of the charges to be dropped, sometimes it is done in exchange for a lower bond, sometimes it is done because there is no defense and to litigate a preliminary hearing is a useless effort. You need to ask the PD.

Contractor did a terrible roofing job, no contract, but he filed a Mechanic’s Lien.

Q: I was in negotiation with a roofer to replace my roof. We never signed a contract as we never finalized the color of shingles, start time, price etc. He shows up at my house on Dec. 23 while I am away and rips off roof and finishes on Dec. 24th. The shingles are the wrong color, nails are sticking up, the ridge is not cut despite the installation of a ridge vent, there is no water/ice shield, and there is no dead row applied. I told them I wasn’t paying because it cannot be repaired, especially the color. I signed an estimate when he was working with my insurance company but it says it is void if there is no coverage. That was signed in Sept. He has now filed a mechanics lien. How do I fight this? How can I go after him since I didn’t pay anything, but now may incur expenses?

A: Filing a lien is one of the steps a contractor seeking payment for services may take. It must be followed by a lawsuit. Automatic dissolution of the lien occurs if suit to enforce the lien is not brought within two (2) years. If suit is brought it appears you may have a counterclaim under the Home Improvement Consumer Protection Act, which provides certain things roofers must do, including having a written contract for the work performed. Further, the Mechanics Lien Law requires Notice to you prior to the filing of the lien. If the contractor did not follow the correct procedures the lien can be dissolved. From the facts provided, it appears you have stronger potential claims against the roofing contractor than the claim against you for payment. The Home Improvement Consumer Protection Act provides the court with discretion to award consumers with three times their damages and attorney fees. If the Mechanic’s Lien has any of the above procedural flaws, an attorney may be able to file a motion to remove it.

Can I sue for sneakers I left in the Laundromat for 20 minutes being stolen?

Q: Stepped out from laundromat for about 20 mins and my sneakers were stolen from the dryer.There were about 8 pairs. 3 were left, 5 taken. Asked owner to view the camera, to see who took it. He refused. Is there anything at all that I can do to fight this. It’s not so much that the items were taken, but that the owners don’t care enough to simply view the tape/recording. It was mid-morning around 10am. So many dryers, over 30 were available, so there was NO DEMAND for anyone to remove my items, but they did. I filed a police report nevertheless, but is there anything more that I can do? Thanks

A: You filed the police report which is good. I think you should document everything by making a written request to view the tape and repayment for your loss. Then, if no response and if you want to put time and money into this case, you may think about suing them at the local District Justice. I am not sure the Laundromat has an obligation under bailment law or under an implied contract theory as they didn’t take possession of your property. Is there a sign in the premises that says “we are not responsible for the loss of unguarded belongings”? You could be viewed as contributing to the situation by leaving your property in an almost public setting for 20 minutes. Plus, what is the value of used sneakers? I am not sure if your damages will be weighed in the amount equal to brand new shoes. If you write the letter, it may put pressure on them to turn it in to insurance, if that is possible. I am not sure a civil claim will go your way and would have to research bailments, implied contracts, etc. before advising you properly

Is she liable for husband’s debts?

Q: My friend’s husband died recently and she has found out that he owes over $600,000 to various companies. For example, he had borrowed $ 10,000 from the firm. Since he did not pay it is now $ 31,000. Is the wife liable to pay the firm the total $ 31,000 even though she was not party to this. Also, what other advice you have for the spouse? Should she hire an attorney to deal with the finances?

A: Generally, the heirs of a deceased person are not liable for the debts of a deceased person. There are exceptions such as if she co-signed notes or agreements or in some way it can be proven that she was involved directly or indirectly in what sounds like possible a misappropriation of employer money. An estate may need to be opened. If there are insufficient assets of the husband to pay the debts, the court will discharge the claims. She should contact a lawyer. It may be wise to proactively open the estate now, so others are on notice that he is deceased, the estate and only the estate is responsible for his debts. If debts exceed assets of the husband’s estate, it will be an insolvent estate. In many ways an insolvent estate is handled like a bankruptcy in that preferred creditors will be paid first and then other creditors will be paid a certain amount on each dollar, if there is any money at all remaining to pay them after estate expenses are paid.

POA Aunt won’t let grandmother leave nursing home

Q: My aunt has power of attorney for my grandmother. She is currently in a nursing home that she doesn’t want to be in. My other aunt said that she is willing to have her live at her home being as though none of my other aunts want her at their home. My aunt who is POA said no because my who wants my grandmother is Muslim and she doesn’t think its right. Is there anything my aunt can do to get her mother to live with her?

A: Outside of denouncing her Muslim faith to satisfy the other aunt, the option would be to hire an attorney and file to have either you or the Muslim aunt as guardian. If the non-Muslim aunt is not acting in the best interests of grandmother and it is medically possible for grandmother to live outside a nursing setting, then you may have a case. This option should be reviewed carefully with an attorney first.

 

New possession of marijuana charge while on ARD for a new DUI

Q: What happens if I am in ARD in Green County and have been charged with small possession of marijuana while still in the program? I was charged with a DUI and small possession in May 2015. I started the ARD program in November 2015 and was charged last night with another small possession. I was wondering what will most likely happen next? Should I hire an attorney? Jail time because it is a subsequent offense? What are the chances that I can get the case dropped?

A: In Allegheny County, this new misdemeanor arrest could get you kicked out of ARD. You need to hire a lawyer and see if he can turn the Possession charge into a summary charge at the District Justice level. Taking this measure could keep you in ARD, but no guarantee. My experience in Allegheny County is that you can receive ARD on a DUI even if you have a prior Probation Without Verdict (PWV) on a drug charge, but not the other way around. Another problem is that since you had a prior possession of drugs with your DUI ARD, you cannot get another diversionary program like PWV after your ARD if your new charge is held for court. You need to have this new possession charge pleaded down to a summary.

 

Pittsburgh taxi driver fraudulently signed my name on a charge

Q: I took a taxi from the Pittsburgh airport to my house, which ended up being an hour long ride. As a frequent traveler for work, I knew that landing at 4:30 p.m. meant I’d be sitting in traffic. I ended up taking a Veterans Taxi. The driver recklessly weaved in and out of lanes – going into the emergency lane even to pass cars. When we got to my house, I went to pay with my credit card on the machine in the van. The driver took my card and I thought maybe the machine is broken and that he’d run the card in the front. He didn’t offer any explanation. I should have questioned it, but didn’t think much. I asked for a receipt, which was printed from the car. The driver wrote in the tip by hand on the receipt, which seemed sketchy. I found later that day that the receipt amount didn’t match what I was charged since I noticed the square receipt in my email. I also noticed a scribble in the signature line. I contacted the taxi company and the taxi upset that there not only was a discrepancy but the driver signed my signature. There is apparently video surveillance in the van but the manager/owner has now taken the driver’s side without even pulling this footage. What can I do? This is fraud.

A:  The beauty of using credit cards is that most have a dispute resolution process whereby you just report to them in writing of a disputed charge and they hold payment and investigate it. So, report this either via phone or on your credit card company website and fill out and submit the necessary forms. If you want to go even further, you can contact the county police (I believe they have jurisdiction over the airport) or your local police in the town where the taxi ride ended (may have jurisdiction as well as that is where the transaction was signed) and see if they are interested in filing a theft, access device or forgery charges. My thought is that your credit card company will work it out with the cab company.

 

Mother-in-law cannot get Medicaid

Q: My mother-in-law is 62 and has been denied Medicaid. She is diabetic and is in need of medical attention she has been here for 10 years. That is not right for a person who is sick and cannot get Medicaid.

A: More information is needed. Generally, she cannot qualify for Medicaid until she is 64, blind, or disabled. Medicaid is a welfare program so your mother would have to qualify for welfare. You can file for Social Security disability, but I am not sure if diabetes alone will qualify. You need to consult with a Social Security Disability attorney .

Son got a DUI. He wants to be a teacher

Q: My son (21) just got DUI. He is a college student preparing to be teacher. This is his first offense ever. He has to fill out a teaching clearance. The Arrest Report form asks about reportable offenses. The DUI just happened, and we don’t have police report yet – not sure what actual charges will be. Since this is his first offence, how horrible will this be? How will it affect his chances to become a teacher? Someone mentioned ARD. He’s devastated. What should he say on the arrest certification form? (Kennedy Township, PA)

A:  He will most likely be offered ARD. With ARD he will never have to say he was convicted as there is no adjudication. If asked if he was arrested, he would have to say yes. If asked if he was ever convicted of a crime he can answer no-as long as he successfully completes ARD. If questioned further, he would say he was admitted to the ARD program. After completion of ARD, his arrest record will be expunged, at least in Allegheny County.