Category Archives: Elder Law

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 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 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.

 

Does he have to pay remaining bills?

Q: Family member with dementia was victimized by a caregiver who ran up lots of bills in his. Most have been paid off but there are a few left. He now lives with his daughter in Greensburg and is ill and in a nursing home. He has no assets except a retirement account and needs that to live on. Can he be sued for these bills?

A: Probably not. Speak to an attorney. Notification of his financial status or the fact that he is on Medicaid (if he is in fact on Medicaid) to the creditors may be enough to ward them off. However, do not don’t count on it. Whatever you do, do not give them or anybody you care about a cell phone number as they will harass to no end. You may want to have a certified letter sent to the creditors informing them of his status. Your friend may also want to appoint his daughter or another family member appointed as his guardian to speak and act on his behalf.

Shouldn’t the equity go to my mother’s estate?

Q: Unbeknownst to me and my two siblings, my sister and brother-in-law who live in White Oak drove to Florida where my mom lived and moved in with her. Apparently, they drove her to another county and had her sign an “Enhanced Life Estate Deed.” The deed says they bought the house for $10. As it stands now, the equity in the house from November 10, 2011, when she signed the deed, until her death, February 2, 2017, is going to my sister. In 2009, my mom became physically and mentally weaker from “mini stroke episodes” that forced her to become more reliant on my sister. For example, my mom put her house on the market because she couldn’t keep up with the house expenses. The realtor told me whenever he had a good offer, my mom would say ” I have to talk to my daughter” and never took any of the offers. Soon after that, my brother in law and sister took over the mortgage payments and as soon as that happened my sister’s strong arm tactics were to tell me and siblings this was none of our business, and then she took over everything including my mom’s finances. She decided who visited my mom at the nursing home and who got info from the hospital about her condition. They stole the house, while my mother lived in a state nursing home.

A: There are many issues here and more information is needed to properly advise you. You need to consult with an experienced estate lawyer in the state and county where this house is located. Florida, I assume? It may be extremely helpful to support the allegation that your mother was incompetent at the time she signed the deed if you have a medical opinion. You may want to talk to her doctor or doctor’s office to see if they would support you. The main issues would be possible elder abuse, her incapacity to execute a deed and fraud.

Does he have to pay remaining bills?

Q: Family member with dementia was victimized by a caregiver who ran up lots of bills in his. Most have been paid off but there are a few left. He now lives with his daughter in Greensburg and is ill and in a nursing home. He has no assets except a retirement account and needs that to live on. Can he be sued for these bills?

A: Probably not. Speak to an attorney. Notification of his financial status or the fact that he is on Medicaid (if he is in fact on Medicaid) to the creditors may be enough to ward them off. However, do not don’t count on it. Whatever you do, do not give them or anybody you care about a cell phone number as they will harass to no end. You may want to have a certified letter sent to the creditors informing them of his status. Your friend may also want to appoint his daughter or another family member appointed as his guardian to speak and act on his behalf.

Can a hospice agency decide on a back-up or secondary guardian?

Q: I am a hospice Social Worker with a patient who appointed a friend as his guardian. This friend has numerous health problems herself and is often in the hospital. Our medical director wants us to establish a secondary or back up guardian. Can our agency set this up on behalf of the patient?

A: If this patient is competent, perhaps he or she can sign a Power of Attorney, appointing someone else to act. If that is not possible, a court appointed guardian is necessary. Only the court can appoint a guardian. The process requires a written petition to be filed and a hearing to be held. Your agency will need an attorney to do this. Many agencies work with attorneys who handle this. If your agency has no attorney, you can seek one independently or call Orphan’s Court for information on how to obtain one.

Does Nursing home need to buy her bras?

Q: Why is the nursing home spending my mom’s 50 a month on bras that don’t fit without consulting it with me seeing I am her POA? They buy her bras without consulting me, buy the wrong size and tell me they don’t have to ask me!

A: You need to ask the nursing home and have a conversation with them before you think of hiring lawyer to get involved. Communication should resolve this. If they cannot buy the correct bra size, tell them you will do it for them. If your mother is incompetent, you should be able to decide who purchases her bras. Ask to speak with the director, if the staff will not address your concerns.

I am mom’s healthcare and financial POA. Nephew moved in. Can I charge him rent?

Q: My mom just let her grandson who is 45 move into her house. I told her don’t do it, not a good idea! She is 84 and has middle stage dementia (Alzheimer’s). She forgets from one moment to the next sometimes. She is of sound mind. I had to have an investigation for adult protective services because of my brother and nephew. It was unfounded. But how do you prove manipulation and coercion, etc. She raised her grandson so he has a hold on her. Myself and my husband have been helping her every day. She is still at home, but between us we would spend 5 hours a day at her house. My nephew is considered disabled and mentally ill. He says he couldn’t find an apartment. No one would rent to him. That’s because he has a record, has burnt his garage down, DUI, suicide attempts and the list goes on and on. I hardly have enough money to pay her bills every month. She had lost her husband a year-ago so her income reduced dramatically. Can I charge him rent being that I am her POA or does she need to make that decision? Her doctors won’t give me a statement saying she is unable to make decisions in her own best interest.

A: It may be an uphill battle. Your mother is still competent, albeit she has some dementia. As she is competent, even with the POA in place, she can still make all her own decisions. I understand your concerns. This grandson could potentially cause stress on her, may financially exploit her, and may be a detriment to her health. As her Agent on a POA, you can work to keep her money guarded. You can visit her banks, make sure the POA is on file and ask them to watch for suspicious financial activity like large withdrawals. You can explain the situation with the grandson. Also, if you feel the living environment is unhealthy, you can call Adult Protective Services and see if they will do a home visit and assess the situation. I would visit her as often as possible and monitor things before reacting.