Category Archives: Elder Law

How do I instigate an audit of my elderly mother’s money? She is being swindled by family!

Q: I believe my 88-year-old mother received a settlement from a lawsuit and my younger sibling who lives with her and is disabled is spending it. He is acquiring lots of assets. (Bridgeville, PA)

A:  If he is operating under a Power of Attorney to act for her, you can file a petition for an accounting of her money he has spent as an agent under the Power of Attorney. You could also file to become her guardian. Calling Adult Protective Services may be a good first step. They can take your information and do a home visit. If their assessment is consistent with yours, they may advise the court action I mention above which will require an attorney. (Dormont, PA)

If my father with Alzheimer’s hurts someone can my mother or I be sued?

Q: My father has Alzheimer’s Disease. He is belligerent, lost frequently. He has two guns with carry permits. My mother is in denial and I am concerned he will hurt someone. Am I liable because I knew he was not totally competent? He lives in Michigan. I live in PA. (Ross Township, PA)

A: My thought would be generally, you would not be liable. However, my concern would be that if you are aware of his propensities and that can be proven (i.e., you take him to doctors, letters to you by physicians or persons complaining of his behavior, you admitted him to a hospital, etc.) and he hurts someone, that Michigan may have a statute which extends criminal or civil liability on those with such knowledge. I would consult with a Michigan attorney and I would work to get these guns out of the house. Some states have a mechanism whereby the local sheriff upon being notified of mental incompetency, can remove guns. You may want to call the firearms department of the local sheriff or appropriate law enforcement in Michigan to see if they can advise you.

Can I be added to a POA without my consent?

Q: My sister, brother and his wife have POA over our mother. For 12 years, they would not let me see her. Now they expect me to take care of her so they can travel. They listed me as first contact without my consent or signature on her medical, dental etc. Is this legal? My sister put herself last because she plans on traveling 3 weeks out of the month. Now that our mom is 95 and needs more help. Then, I get a phone call from my brother stating that I am the first contact and all her appointments are written down along with her medications. I am going through extensive PT right now and they are all retired and my husband and I are not healthy. If they are going to do this to me can I charge them for what a 24-hour caregiver makes? (Pittsburgh, PA)

A: Under PA law, you would have to sign the “Acknowledgement” portion of the Power of Attorney document to be legally bound to serve. It is not enough just to name you as an Agent. I think if it becomes a problem, you should ask your siblings for a copy and review it with a lawyer. Also, even if you were an Agent on the POA, under PA law, you can resign being an Agent by providing written notice to all parties involved. As for earning a fee, this needs to be specified in the POA document.

How can I make sure the assets of my incapacitated father are being handled properly?

Q: Both my father and stepmother were admitted into the hospital 2/5/2017. His blood/sugar level was at 900, he was diagnosed with vascular dementia and gets more confused every day. His wife has had Parkinson’s for 20 years, which has recently been getting worse. They’re about 80 years old. My stepmother is supposed to make all the decisions regarding my father’s health and finances, but she’s deferring most of those decisions to her son. My family wants my sister to have joint power of attorney with my stepbrother regarding my father’s health and finances and regarding any joint assets belonging to my dad and stepmother. My stepbrother says that’s fine with him, but has yet to do it. Instead he’s closed my father’s checking and savings accounts, is putting their house on the market and will not disclose any financial information. We’re afraid she’s planning to divorce our father and leave him broke in a substandard nursing home. My sister and I don’t live in the same city as our father. They live in Pittsburgh. My sister lives in Erie, I live in California and the stepbrother lives just north of Pittsburgh. What rights do we have in this situation to protect our father? (Pittsburgh, PA)

A: That is a tough situation. You need to do some investigating quickly. You can call Adult Protective Services to assess him. Your sister may benefit greatly from consulting with an elder law attorney in Pittsburgh. It may be advisable to have her appointed Guardian of your father by the Orphan’s Court.

Can I sell parents house with a POA if my sister is on the deed?

Q: Seeking POA & Health directive for elderly parents to sell home for medical care. However, the equity in the house is shared by my sister. It is a Trust deed shared by Parents and sibling -all 3 live together. Both parents are elderly and one is caregiver of the other who is seriously disabled. Both need medical attention so I want to intervene to force medical care. I want POA to sell house to counter expenses- medical and future assisted living cost. However, co-owner sibling of house does not want to sell house and wants house in retirement. Legally, once I get POA then I have control of parents finance and will sell home for the equity to pay for parent’s assisted living expenses and medical care. No money remains for-co-owner sibling, but she can utilize her portion of equity to pay for elderly parent’s medical expenses too.

A:  Having the sister on the deed with the parents may be a problem for you as an agent on a power of attorney trying to sell this house. You need to have an estate planning or elder law lawyer look at the deed. If your sibling holds title as joint tenant or as a tenant in common, you just cannot remove her from the deed. What is happening here is why people should seek competent legal advice before putting a child on the deed to their home. You may also have some potential Medicaid issues if you believe either parent may need to apply for nursing care assistance in the future. You may be able to shelter the house and other assets and have the parents remain eligible for Medicaid, if you follow the advice of a good elder law lawyer. The fact that one spouse may remain in the home when the other is hospitalized and there is a child living in the home, may benefit your parents with Medicaid eligibility. This is a complicated situation and you need to consult with a lawyer.

 

If my mother is in a nursing home can she change power of attorney?

Q: My mother is in a nursing home until she gets better with cellulitis. She wants to change her power of attorney to name me instead of my sister. Is she able to do that while being in a nursing home? Thank you. (Bridgeville, PA)

A: If she is mentally competent, absolutely. If her competency is not certain, you can ask her doctor if he would give an opinion. Also, the lawyer you hire to prepare the Power of Attorney can assess her competency before preparing the document. This should be your mother’s idea and not your idea.

ELDER LAW, COMPETENCY, POWER OF ATTORNEY

How do I transfer parent’s property to me?

Q: My Dad passed away recently. My Mom is living but has dementia. They both have wills that state the property goes to the surviving spouse or if incompetent (Mom is) to me, the only child. I want to make sure the family property can never be taken away by medical situations, etc. (Swissvale, PA)

A: This is something that must be done under advice of a lawyer. First, mother needs to be competent to sign a deed. Moreover, there are many questions that must be asked to determine if this is an advisable transfer. The foremost question would be whether there is a possibility of her needing to apply for Medicaid in the five years following the transfer. If so, and you have not lived in this home for the preceding two years as a caretaker, this transfer could render her ineligible for Medicaid to the extent of the value of the transfer. Secondly, if you do not reside in this home, your mother will pay more in real estate taxes in that she will lose her homestead exemption and any senior citizen’s discounts available.

ELDER LAW, REAL ESTATE, TRANSFER, DEED, COMPETENCY, MEDICAID

My grandmother’s house was sold without her legal permission. What do we do?

Q: A family member moved in with my grandmother sold her house. My grandmother’s name was forged on the documents. We need to get it back.

A: I do believe your recourse is by hiring an attorney file a petition to rescind fraudulent transfer or a quiet title action. If you are correct this transfer was done through fraud. If grandmother is competent and can testify that the signature on the deed is not hers and she did not sign, the case is easier. If she is incompetent to testify, it will be a little more involved. You may need her doctor to testify of her mental competence at the time the deed was supposedly signed and perhaps even a handwriting expert. I would see an attorney as soon as possible so something can be filed before the house is transferred again.

How do I get her to the ER!! HELP!

Q: My mother-in-law is fifty-seven years old and isn’t in good health. My husband and I have seen a rapid regression in her. She doesn’t eat, she sleeps days at a time. She has dizzy spells, vomits, and is in my opinion killing herself right before our eyes. Today we went to see her and my father-in-law and she’s been sleeping for three days, puddle of black puke in a bucket, she’s lost much weight. I’m just in shock. Her husband has tried to take her Med-Express. She won’t go! She won’t seek help. What do we do? She has a six- year-old grandson and my daughter just turned one. Can I call medics and make them take her? Must the husband be a power of attorney? Please advise.

A: Based on what you say, this sounds serious. If you cannot get her to a hospital on her own, the fastest way would be to see if you can have her taken to the hospital under a mental health commitment. An interested party, i.e., family, police, physician, can have someone committed if they are a danger to themselves or others. It sounds like may be a danger to herself. The police would probably take her to a mental health hospital who would then transfer to ER. In the meantime, someone in the family can consult with a lawyer about becoming her guardian. You could also ask Adult Protective Services to do a home visit and assess her based on your concerns.

Can I buy my sister in law’s home after her husband enters a nursing home?

Q: She is almost ninety years old and they have spent most of their savings on home care- sitters and supplies and such. We were going to inherit the home later anyway. (Donegal, PA)

A:  If there is any potential of either of these people needing to apply for Medicaid funding for their hospital or nursing care within the next five years, you should consult with an attorney versed in Medicaid regulations before you do anything. If Medicaid is a foreseeable issue, the general rule would be that this home should not be gifted to you and only purchased a market value with careful documentation such as appraisals, photographs, repair bills, etc.