Q: I am my father’s medical power of attorney. His girlfriend is trying to take him to get medical treatment without me being present or notified. What can I do and what should I do? (Penn Hills, PA)
A: If you have a Medical Power of Attorney which is fully complaint with the law, and you are the named Agent, you have authority to handle his medical needs and no one else. As mentioned, you need to get a copy of this document to his doctors, the hospital and all his medical providers.
Q: My Grandmother passed in 2016. She utilized Medicaid for the last few years of life, including staying in a constant-care rehabilitation facility and hospitalizations for a stroke. After her death, an estate was opened. We reported to the state an estate value of $9,000. In May 2018, a distant cousin passed, and the remainder of their estate was disbursed to his next of kin. A check for $80,000 was made out to the estate of Grandmother. In June 2018, the state attempted to recover Medicaid expenses – $230,000 worth. They requested a full payment of the value of the estate, which was reported as $9,000. This was paid. In that payment, the state mentions that they could attempt to recover additional money into the estate. Can the state now – 2 years after death – come for the additional inheritance that was disbursed in May 2018? Or is that money safe to disburse from the estate to the living next of kin? (Upper St. Clair, PA)
A: It is true Medicaid can recover funds payable to an estate after the estate closes, or which are discovered later for whatever reason. I find it strange that there was an asset payable to your grandmother after she passed. If your grandmother died in 2016, it would seem to me that any inheritance from a distant cousin who dies in 2018, would “lapse” under PA probate law. Meaning, generally, a dead person cannot inherit money. Their inheritance is deemed to lapse or be void upon their death. In that case, their inheritance passes to an alternate beneficiary named in the will, or an alternate beneficiary under PA intestate law if there is no will. However, I understand in fact the payment to the estate was made. I would be careful here and have an attorney examine the payment from the asset to see if it can possibly fit into
My mother is 89 years old and developed mild dementia and heart disease. The doctor does not want her to live by herself, so she has moved in with me. We set the life estate up about 5 years ago after a lawyer assured us it was the right thing to do. I am the only surviving child and do not plan to put mom in a nursing home and will use hospice if needed in the future. I do not want to rent the property because it is about 100 miles from me and would be more trouble than it is worth. Can I sell the property since I am providing my mother with a place to live and am also her caregiver? (Baldwin Borough, PA)
A: I would need to know is the life estate in the deed or a trust and look at the documents. If in a deed, does the life estate terminate upon conditions of her death or her being unable to live in the home independently? If in a trust, the trust will have similar conditions which constitute the ending of the life estate. Who does ownership pass to when the life estate conditions have been fulfilled? If one of the conditions of the life estate terminating is her being unable to live in the home independently, then that condition has been fulfilled and you should be okay. However, you should review the paperwork with attorney for a more definitive answer.
Q: I’m in Pittsburgh, my brother is in Nashville. My brother had end stage cirrhosis of the liver and had to have emergency surgery that left him with a permanent ileostomy. He detoxed at the hospital, but he is a chronic alcoholic. His mind is confused, and he is in denial about his entire situation. He has discharged himself several times against doctor’s orders and is in very grave health. He needs to be admitted to the hospital and stay there for medical care. The hospital told me they do not do any type of psychiatric evaluations. (Pittsburgh, PA)
A: You need a lawyer who practices in Davidson County, Tennessee. An attorney who does hospital visits would be great. If you brother is competent and willing, the attorney can prepare a POA for your brother to sign. If your brother is not competent to sign documents, the attorney can advise you on the next step which would either using the mental health system to have your brother committed if he is a danger to himself or others, or if necessary, filing a petition in court for you to become his guardian. You really do need an attorney in that location. You can call the county Bar Association to see if they have a lawyer referral program. Good luck with your situation.
Q: My dad is 59 years old and is a chronic alcoholic to the point he is starting to lose his mind. We think he has brain damage from the alcohol. We don’t know what else to do. He’s now homeless never wants to eat and doesn’t want to go to the doctor. Basically, he wants no help he says he wants to die. We know he is very depressed and he is not mentally right anymore. He raised us alone after my mom passed away. I don’t want him to die like this. So how can we have him involuntarily committed? He is a danger to himself. (Pittsburgh, PA)
A: If his behavior meets the standard under Section 302 of the PA Mental Health Act regarding being a danger to himself or others, you can probably commit him. There is a plethora of free public information on the subject. You can try calling an organization called “Resolve” for help. You can also call a hospital, the police, or even legal services for a referral. Generally, they need someone to be the petitioner, which can be you if you are willing. Based on what you are saying, he may not meet the standard under 302, but it may be worth a try. You should also call Greenbriar, Gateway and Pyramid. They are drug and alcohol programs with in-patient and out-patient programs and may offer advice. If he can be persuaded perhaps a 28-day detox and in-patient follow-up can save him. Good luck.
Q: The car has been parked in front of his condo (which we will eventually sell) for months. We would like to drive the car and keep it at our house. Do I need to transfer title, or can I just put the car on my own car insurance? I am his financial power of attorney, and do not want to do anything unethical. (Hermine, PA)
A: There is a larger picture here that any lawyer would need to know before giving you a definitive answer on what seems like such a minor thing. We would need to know if your father is incompetent. If so, the transfer would need to be through the POA. Very generally, if your father has any foreseeable need to apply for Medicaid in the next five years, a transfer of this vehicle out of his name could subject him to a Medicaid penalty to the extent of the value of the transfer. If Medicaid is not an issue more information would be needed on who the potential heirs of his estate are. If these heirs would ultimately object to transferring the car into your name via the POA (if the POA authorizes such transfers or gifts), as a gift, then it may be an issue. Even using the car which will ultimately be estate property, could be objected to. If you are confident you have no potential Medicaid issues, and you are the only heir, there is less risk here, but I would still consult with a VA attorney.
Q: My mother is 89 years old and developed mild dementia and heart disease. The doctor does not want her to live by herself, so she has moved in with me. We set the life estate up about 5 years ago after a lawyer assured us it was the right thing to do. I am the only surviving child and do not plan to put mom in a nursing home and will use hospice if needed in the future. I do not want to rent the property because it is about 100 miles from me and would be more trouble than it is worth. Can I sell the property since I am providing my mother with a place to live and am also her caregiver? (Baldwin Borough, PA)
A: I would need to know is the life estate in the deed or a trust and look at the documents. If in a deed, does the life estate terminate upon conditions of her death or her being unable to live in the home independently? If in a trust, the trust will have similar conditions which constitute the ending of the life estate. Who does ownership pass to when the life estate conditions have been fulfilled? If one of the conditions of the life estate terminating is her being unable to live in the home independently, then that condition has been fulfilled and you should be okay. However, you should review the paperwork with attorney for a more definitive answer.
Q: For the last couple of years we have had a neighbor trash hoarder. The trash never leaves the porch. (This time it’s been since October since being moved) They have a dog in the house that never comes out to potty, so it goes in the house. They have rotting food on the porch. The roaches at night you can see in the thousands. My husband has made it a ritual to spray every couple of days. Sometimes you can kill up to a hundred coming in at my front door. The roaches carry diseases and I have an 8-year-old daughter. I’m at my wits end with this situation. (Pittsburgh, PA)
A: This sounds like a public health issue that is the responsibility of your municipality to remedy. If it is as bad as you say it is, your first call should be to the local zoning code officer. Ask him to come out and assess the situation. I am not sure of the exact procedures with your local ordinances but normally, the code officer will assess the situation and talk to the home owner. The zoning officer normally issues a citation which cites what codes are being violated and gives the property owner so many days to clean up before the hearing. You can also go to your municipal council meeting and complain if nothing is being done. You can also involve the police who will likely refer you to the code officer but may also make a referral to a mental health agency, so a home visit can be done for this person. You must be proactive.
Q: This organization along with the Department of Aging said they were guardians and had a POA over my husband. They said he was financially abused which was untrue. No paperwork, nothing in courthouse. So, what do I do since they probably fudged the taking of him and placing him in a nursing home? He wants to come home and says that those people do not even come to visit him. The one organization which is led by these women who become guardians for a living. They take his money each month from social security. What should I do? (Export, PA)
A: This didn’t happen overnight. It seems you are just becoming aware of this which is odd. You should have been contacted originally when he was taken in to care and served with the guardianship petition and notified of the hearing. Normally, no one can fudge court orders, stick a person in a nursing home and take their money. You need to investigate the situation. You can go to the county probate clerk’s office and look at the file. If there is in fact an appointment of a guardian, there should be a petition and order inside the file. If you don’t understand the documents, you might be able to get a probate clerk to help you, but they cannot give you legal advice. At least from the file you can find out who in fact the appointed guardian is and who the attorney appointed by the court to represent your husband is. You can then investigate matters further. If you qualify to be his guardian, you can hire a lawyer to petition the court on your behalf.
Q: My Father is in his late 50s and not in the best health. He inherited my grandmother’s property some years ago. His girlfriend somehow signed her name onto the deed of the house during the transaction. My Father says he was unaware of. I’d hate to see this property go to this girlfriend if something were to happen to him. I asked him about a will and he said that’s not something a son should ask their parents. So, if my dad passes away, does the property and everything on the property go to the girlfriend because she’s on the Deed of the house? (Murrysville, PA)
A: I don’t know. I suggest having an attorney look at the deed. It should be on file in the Westmoreland County Recorder of Deeds. If her name is on the deed as an owner, she has some interest in the property. If she is a tenant-in-common, she will own a divisible one-half interest with your father’s estate when he passes. If she is a joint tenant, with survivor rights, she will own the entire property when he dies. If there is no mortgage or liens, she will own it free and clear. As far as trying to rescind the deed with the argument that she somehow got her signature on the deed without his knowledge, that usually is an uphill battle. However, an attorney examining the deed can determine if it was legally executed, discuss your father’s competency at the time and perhaps shed some light on the situation for you.