My husband just went into an Alzheimer’s care facility.

Q: My husband is 85 and has dementia that turned into Alzheimer’s disease. He also is an alcoholic. A year ago he became violent, aggressive, started exhibiting bizarre behavior, forgetting things on a daily basis, and verbally abusing me. He finally had to go into a memory care home. We have been together for 9 years married for 3. No family on either side. Back in 2011 we went to his lawyer and had his will changed, threw out the old trust and created another trust but only in his name. When we married, everything stayed the same with only a few minor changes. Basically, it states when he passes away everything turns over to me. But I think part of it says he can change anything at anytime. Right now, he is telling everybody at the home how he is going to hurt me, etc. How do I protect my home?

A:  My first thought is that he probably does not have the capacity to sign a legal document at this point. You may want to inquire from his doctor if he is in fact competent. If the doctor says no, it may give you some peace of mind. In the event that someone did have him sign something, you would have a good basis to challenge it. In any event, I think you could benefit from the advice of an elder law attorney. He or she can advise you how to shelter this home and other assets from a potential Medicaid claim, should your husband ever need to apply for Medicaid. You should also make an effort to locate and secure this trust agreement so it is not lost or destroyed by another person.

Both witnesses on mother’s will are dead. Can I register it?

Q: Both the witnesses to my mother’s will have died. How do I prove the unregistered will is legal?

A: Wills are not filed until the person dies. The two deceased witnesses are not a problem. The law allows you to submit affidavits that the witnesses to the will are unavailable and that they recognize the signature at the end of the will to in fact be that of the testator. You can obtain these affidavits yourself and drive the probate clerk crazy and open the estate or hire a lawyer to do s

Record expunged, but still shows!

Q: My record was expunged from the county courthouse in September 2013 and I contacted courts.org to remove it from there .I contacted them numerous times and still no response, I am very angry with them do I need to get legal representation.

A: I have no idea what courts.org is but I can tell you this. As with any expungement, even if the Court Order to expunge was mailed out by the Clerk of Courts to all law enforcement agencies, there is a chance that one of the law enforcement agencies didn’t do their job by shredding or deleting the subject records. If you can pinpoint which agency that is, you can contact them and send them a copy of the order. If you are unsure of the source, you can ask the Department of Court Records, Clerk of Courts to re-issue the expungement order.

Parking garage lost my keys. Can I file suit?

Q: Can I sue a garage for losing the keys to my car they are refusing to pay for new ones and I have no spare?

A: The garage owed you a duty under bailment law. This was an implied contract to maintain your personal property, in exchange for the fee you paid.  They probably have a disclaimer and release on the ticket which says they are absolved from any such loss, but most likely it will not be a defense to them in court. New key fobs with all of their technical capabilities can run at least $200.00 to replace and reprogram and sometimes much more for some of the higher end cars.  It is a long shot, but you could also look to your insurance to see if they will cover this loss. Then, your insurance company can go after the garage.

How to get mom out of nursing home?

Q: My mom was placed in a nursing home by a nephew who has power of attorney over her. She has been in the nursing home for 7 years and 7 months. I have been a personal care professional for 20 years. I ‘m capable of caring for my mom. (Clairton, PA)

A: If your mother has capacity to decide where she should live, the only authority needed for her to move in with you, is hers. She can move wherever she wishes, and, she can revoke the old POA in writing or with a new POA. If she has no capacity to make decisions and is incompetent, you will need to override the POA by being appointed her guardian in court. You should review all of the facts with local counsel to see if this is advisable, given all of the facts.

Is it illegal to make changes to a bank account of a person with Dementia/Alzheimer’s?

Q: How does victim proceed? For years, a lady had her only living relative listed as ITF (beneficiary) on her bank account. Now the lady has dementia. A distant friend filed for Conservatorship saying the lady isn’t mentally capable of managing her own finances, but withdrew the petition prior to the court date. Months later, the friend took the lady to the bank and removed the relative’s name from the account listing herself as ITF (sole beneficiary). Recently without the lady’s knowledge, the friend withdrew over $20,000 from the lady’s account, getting several cashier’s checks, leaving no monies to pay all of the lady’s monthly expenses. Per bank manager, friend had POA, funds shouldn’t have left bank and believes possible friend knows teller. Even if lady signed POA, she wasn’t mentally capable. Is any of this legal?

A:  If your information is accurate, it sounds like she is being taken advantage of and her money is being stolen. This is possibly a case of financial exploitation. Call the Department of Aging to notify them. They may schedule a home visit to assess the situation. A person who has “standing”, which takes too long to explain, is someone with an interest. A person with an interest, which is certainly a relative, can take action. It is possible this elderly person is being influenced or has signed a POA over to this “distant friend”. The interested person who comes forward can file a petition to freeze the accounts and for an accounting of all POA funds. Unfortunately, this involves hiring a lawyer, but may be the most expedient remedy. The lawyer can also advise if a guardianship is needed and can get it started.

Does there have to be video evidence in a traffic stop?

Q: I let my friend use my jeep and he does not have a license. He and a licensed driver switched seats before the police were able to get behind the jeep. The officer says he saw the switch. There is no video evidence it. It is two people’s word against the police officer. Is there any hope of fighting the ticket and winning?

A: In most states there does not have to be video in order for probable cause to be supported or an arrest to be legal. Some progressive departments routinely use it and I understand even a few have a policy in place. Unless this police department routinely uses video in traffic stops or has a policy to do so, and for some unexplained reason, this officer did not use the camera, the officer’s word may likely be believed over your friends, by a judge or jury. However, if your attorney can establish other evidence through skillful cross examination, for example, the officer wasn’t in position to make the observation, there are discrepancies in the police report, etc., who knows, your friend may be able to establish reasonable doubt.  He should review this situation with an attorney. One thing you need to be aware of is that you can be cited for lending an automobile to someone who you know does not have a valid license. You therefore should not make any statements to the police.

How do we break my brother’s lease?

Q: Our brother will be hospitalized for over a year due to total blindness. How can we get him out of his lease with 7 months remaining on the lease. He has to be hospitalized in another city for total rehabilitation. He is totally blind with frontal lobe tram.

A: Of course I would need to check your lease to give you more certain advice. However, I can advise generally. You would need to immediately notify the landlord in writing. Tell him that your brother has vacated the apartment on a certain date, and that you want the security deposit back. I would send this certified mail, with your brother’s new address on it. Even though you are breaching the lease the landlord has a duty to find a new tenant ASAP to limit his damages. If the landlord sues your brother at the District Justice level, he will need to show his efforts to mitigate his damages by advertising for a new tenant. In addition, vacate and clean the apartment as soon as possible and photograph everything. Unless he can show difficulty in finding a replacement tenant, your damages will be mitigated.

Brother with DPOA will not tell me where my Mother is.

Q: Brother and Mother live in Allegheny County, and I am in Wheeling. Mother signed a General Durable Power of Attorney over to my brother. Mother was in an Independent Living Facility, but after a fall, was admitted to in-patient rehab facility. She is no longer there and brother will not tell me where she is. He said she does not want to see me, which is untrue. I discovered his daughter has been added to the title on my mother’s house, for the consideration sum of $10. I believe she is being exploited and coerced. We requested a welfare check, but with being out of state, Pittsburgh PD required contact from our local police, and a missing persons report was filed. Unfortunately, my brother was there when the police arrived and my Mother could not speak freely. How can I find out where she is?

A: If you believe mother is being financially exploited by your brother and niece, as a first step, you can call the county Department of Aging and see if they will do a wellness visit to assess the situation.  If you truly believe you are better suited as a caretaker of your mother, you can hire an Allegheny County attorney to file for a Guardianship, which will result in the court making a determination as to who, between you and your brother, would be your mother’s guardian. However, if the Department of Aging cannot help the situation, the Guardianship may be your only option as you will probably keep running into roadblocks with your brother.  I would also consult with an Allegheny County attorney.

Senior HUD living person comes into large sum of money

Q: If a senior lives in a HUD senior apartment and comes into a large sum of money, what happens to their status of living there? Also, what about Medicare and Medicaid benefits? How will they react?

A:  Regarding Medicare, it is not based on assets so it is not affected. Medicaid is based on “countable assets” so it would potentially be affected by someone “coming into” money. You have to look at the Medicaid application that was initially completed. Usually they are somewhat similar to any needs-based model where they look at income and assets. They are subject to periodic review. It is not clear if the tenant would have to leave or merely pay more money to spend down, so to speak the new found money. You have to look at the documents and speak to the facility. My advice would be to seek an opinion from an elder law attorney as early as possible to see if any of this money can be sheltered.