Q: My brother has POA over my mom’s assets. Can he change her will and estate into a living trust without her signature or notary? He says he can. (Pittsburgh, PA)
A: Generally, the Power of Attorney documents must specifically empower the agent to create trusts, or for your brother to do so. You should have the trust instrument reviewed by an attorney. An Agent on a Power of Attorney cannot execute a will for a Principal, nor change it.
Q: I got a gift from elderly person. On the check memo it say “gift”. Now he in nursing home and his niece ask me to give money back. I worked for this elderly couple for three years. She is gone. (Pittsburgh, PA)
A: More information is needed. Most importantly, was the elderly person lucid and competent when they made this “gift”? If not, many problems can arise for you. You can possibly be charged with a crime or investigated for elder abuse or sued in civil court. It all depends on the ALL of the facts. If this is a significant amount of money I would consult with a lawyer and do not spend the money until this is resolved.
Q: My Aunt passed away in January. Her husband passed many years ago. She gave me keys to her home. Years later she had me sign a paper making me a beneficiary on her insurance. 5 yrs ago I noticed signs of dementia. My cousin also spoke regularly with my aunt and worked for a wealthy family and went to prison for embezzlement. She married the son of a funeral home owner, that was accused of stealing from clients. He moved his family to the south. When my cousin got out she joined him. After his father passed they relocated back here and he took over. I used my aunts key 1 time when my daughter and I went in to clean up after her dog and bathroom before she came home from the hospital. My cousin manipulated her and accused me of stealing papers from the house. I had helped my aunt with a bankruptcy and didn’t need to steal. They disposed of everything she owned and put her in a nursing home where I would visit her. After she passed they called me to say I need to come sign papers to get a check. I told them I needed a lawyer to look at them. They didn’t look right so I called the insurance co, filled out the claim form, and no assignment papers. I asked for a check to me. (Valencia, PA)
A: What is the question? If in fact you are the beneficiary of an active insurance policy, generally, all you need to do is fill out their claim form and any other forms they want such as a death certificate and copy of your ID. You should then receive a check. I have no idea why the insurance company wanted you to come in. Perhaps they want you to sign the insurance proceeds over to them to pay for the funeral. If the policy is payable to you only, you have no obligation to do so. If your aunt assigned the policy to the funeral home, that is another matter. PA does have a filial law statute whereby certain next of kin are obligated to pay for medical debt of the indigent but let them explain how that applies to you.
Q: A homeowner’s insurance company insuring my downstairs neighbor’s unit has summoned my 90-year-old father to court on a 4K claim of subrogation for a leak to the neighbor’s unit. Insurance paid out and is now suing my dad for the 4K when he is in a Nursing Home on Medicaid 24-hours away with 7 years of dementia. I cannot find any lawyer in the area to represent him and cannot figure out what other steps to take on the case. There are no options to pay out or settle out of court. I have presented documents proving he would not be fit to stand in court that day. Any suggestions? The court date 5 hours drive from my home and 5-hour drive from dad’s Nursing home. (Monesson, PA)
A: Is he the building owner? How can he be on Medicaid if he owns a building? Having dementia, does not necessarily mean he is incompetent or relieved from testifying. Why doesn’t he have insurance? Regardless, if your father is incompetent to testify, or just due to physical and medical reasons cannot come to court, you may be able to have his presence excused. You may be required to get a court order if you want him to be totally relieved of testifying. If you are relieved of only the duty to have him come to court, a judge may allow the insurance company to take his deposition. If you can get a guardian order or judicial determination that he is incompetent to stand trial, they he would be relieved of all testimony-deposition or trial. I would need to know many more facts to properly advise.
Q: My father’s second wife passed away in March 2016, at which time my sister immediately had her children, ages 20 and 22 move into one of his houses under the stipulation they were to check on my father every day and pay the cable bill. They have done neither. My father pays their bills unknowingly, and my sister, as trustee, won’t give my father a copy of his will and trust so he can see what he signed. With the exception of my brother and I, the rest of the family constantly lie to my father about issues concerning his health, driving, and legal issues. Due to his early stage dementia, this causes more confusion for him. My sister (trustee) has stated a couple of times that she wished our dad would die. Doesn’t that constitute elder abuse? (Glenshaw, PA)
A: With early stages of dementia, your father can still be competent. If so, it is up to him to allow the grandchildren to live in his house and allow your sister to be an influence. If he made her trustee of his trust (if that is what you mean) he must trust her to some extent. However, as Trustee of his trust, she has an obligation and duty imposed to preserve trust property. Allowing her children to live in your father’s house for free does not sound she is acting in a fiduciary capacity. If you feel he is being taken advantage of, have a talk with him. He can always make you and/or your brother Agent under a POA if he is still competent. If he should digress to the point of being incompetent, you and/or your brother can file to be his guardian in court. If the sister also wants to be his Guardian, you may have a contested guardian hearing. In addition, if you believe she is mismanaging the trust, your lawyer can file for an accounting of that trust with the court. You will need the advice of a lawyer to handle these procedures.
Q: My dad was in a nursing home and passed away. My mom received a bill saying that she owed $1500 for my dad’s stay in the nursing home. This was over a year ago. (White Oak, PA)
A: This used to be an easy question to answer. In the past, if the community spouse, in this case your mother, never signed the bill as a guarantor, and an estate was not opened for your father, I would say, no. However, many states, including your beloved Commonwealth, have passed “filial” responsibility statutes which hold spouses and next of kin responsible for the medical bills of an indigent person. I would hold off on paying it, exhaust all insurance coverage options, and let them explain to you why your mother owes this bill. If necessary, consult with an elder law attorney in your area.
Q: I want to move into a low-income apartment. Will I lose my Medicaid? Because I made a profit on the sale of my townhouse? I owe my cousin money and she will get my profit money. (Monroeville, PA)
A: I am sure if you applied for and are receiving Medicaid funding they already know about this townhouse, assuming it is in your name and you didn’t falsify your application. They may already have a lien on this house. There are too many questions here, to give you a competent answer. Like, is the townhouse in your name? Are the proceeds going into a trust of some sort? When was the trust established? Please consult with an attorney versed in Medicaid regulations.
Q: He had his lawyer do his will after the diagnosis. The doctor giving him a 10-year possible lifespan prognosis. He has no wife or children. He has two siblings older than him and nieces and nephews. We are not romantic, but we have social outings and travel together. He pays. He also gives me around $700 a month to help pay my mortgage. I am 74. I fear when he passes that I could have trouble from his sisters and the nieces and nephews contesting the will. His estate consists of a 2015 Corvette Stingray, a 2016 Rav 4, a $180,000 home and about $150,000 in the bank plus a coin collection. No bills other than monthly utilities and living expenses. What should I do when the time comes? (Clairton, PA)
A: If he was competent when he executed the will, and the will is in compliance with the law, you should be fine. Anybody can say they will contest a will, but it is difficult to do. If the testator was competent and there is no clear and convincing evidence that the will was a product of coercion or undue influence, they have no claim. Because you are not married to him and you are not family, is irrelevant. He is free to leave his estate to whomever he wishes. There is nothing you can do except make sure his original will is preserved and kept safe. If it would disappear before he dies, then his biological heirs will inherit from him, and you will be out of the picture.
Q: I have been taking care of my mother for the past 5 years! She has become sick and has given me a power of attorney! Could I have a living Will prepared if I have a power of attorney! (Pittsburgh, PA)
A: Are you are asking whether you, as Agent under a POA, can sign a living will for your mother? The answer is unfortunately no. She needs to sign her own living will, will and power of attorney. She can do so only if she is competent. Ask her doctor if she is competent to sign these documents. You can also ask a lawyer to visit her and assess her for competency
Q: My husband’s sister is staying with her father. Who is sick. My husband is the father’s Power of Attorney, but the sister has been signing the father’s checks and giving them to her other sister, who up until this week hasn’t been part of her father’s life for several years. Supposedly they have been taking his mail and banking information out of the house as well. The do not possess power of attorney, and the sister staying with her father is on SSI Disability, and has taken the father’s bank cards and been using them for purchasing many items for herself and her boyfriend without the father’s permission. (Pittsburgh, PA)
A: She has no authorization to sign checks on his behalf. She should not give his money to anyone else unless he is authorizing her to. The way you describe it, it sounds like she is taking advantage of him. As his Agent under a POA it should be in your husband’s authority to safeguard him in a variety of ways, assuming he is not competent and is not opposing your help. If so, you can close his bank accounts, have the bank restrict them, redirect his mail, change his locks and keep them out of his house. These are complicated situations and you may want to consult with a local attorney. If his competency is in question and he refuses your help, your husband may want to consult with an attorney about becoming his Guardian.