Category Archives: Blog and FAQ

My POA sister-in-law for my husband stole 40K from him

Q: My husband lives in assisted living facility and my sister in law has not paid any of his bills for the home nor had she paid pharmacy bills, etc. What can I do? She will not answer any phone calls from me nor the assisted living facility. (Pittsburgh, PA)

A: Call the Department of Aging and report Elder Abuse. You may want to see if the police can help. Neither agency may want to be involved as your sister in law is presumably in charge and it may take a court order for them to investigate her use of his funds. Although I would talk to these agencies, it may be necessary to involve a lawyer to file a petition for accounting which will force her to account for her use of his funds. If it turns out she stole money, criminal charges of theft and civil liability may be in her future.

How will the Will execute for a parent who on Medicaid?

Q: The surviving parent dies while residing in a nursing home. She has been covered by Medicaid for past 4 years. The Will reads that the only child is her beneficiary. Knowing that Medicaid is entitled to some portion of the parent’s estate (less than $2,000), is Medicaid entitled to the full amount or only a share of the residual estate? (Pittsburgh, PA)

A: Generally, Medicaid will be entitled to a share of probate assets depending on the amount of their claim. If it is necessary to open an estate, the estate is required to notify the PA Department of Human Services (DHS), who manages the federal Medicaid program, of the death. DHS will reply to the estate with an Estate Recovery Statement of Claim, which will inform the estate how much DHS is seeking as a claim. The estate then needs to address DHS in writing regarding settling the claim or explaining with supporting documentation why the claim cannot be settled (i.e., insufficient assets), whether an estate is opened or not. If the remaining estate of this person is $2,000.00, it is doubtful Medicaid will seek a claim, but you never know. You may be able to shelter the money with a funeral related expense. I suggest you consult with an attorney regarding this matter.

How do I find out what I owe on child support?

Q: I have been paying child support for 15 years. I have missed in the past but have lost my records when my house was foreclosed on. How do I find out what I really owe, instead of listening to her nutty attorney?

A: Do it on line by going to www.humanservices.state.pa.us. You can create an account and search for your case. If your case is in Allegheny County, you can also go to the Allegheny County Family Division at 440 Ross Street in downtown Pittsburgh. After you pass through the metal detectors, there is a help desk straight ahead.

How do I get my boyfriend to leave my dad’s house?

Q: He refuses to leave. He says he’s a permanent resident in this home. He has not paid my dad rent. He is verbally abusive and has got in to it with the neighbors across the street. I feel very hopeless. My dad has had 3 strokes. I told my boyfriend that I can’t take it no more he runs and runs his mouth for hours and just won’t drop it. He calls my dad foul names and makes gestures like he is going to hit my dad. My brother is working in Alaska and says he take care of him when he comes to town in July. Before my brother kills him I just want him out of the house. (West Deer Twp., PA)

A: You can file for an eviction. Ask your local District Justice Office for advice on how to do it. You will need to post a Notice to Vacate in the premises, then file for an eviction. You may also have rights under the Protection from Abuse Statute. This would involve an act of violence or a threat of violence coupled with a prior physical act. You should start by talking to the local police to see how they can help. They may guide you through the PFA process or even file criminal charges if they think that is appropriate. If you want to pursue a Protection from Abuse Act petition yourself, you can go to the Family Division and file one or hire an attorney to file. I would start with the police.

Can a non-traffic citation turn into a felony if I missed court?

Q: I had a yellow ticket non-traffic citation for a minor harassment from confronting a person. I had my background apparently checked with an employer and says I have a felon? is it possible that I am mixed up with a different person since I have a hyphenated last name?

A: If you miss a non-traffic summary hearing, it is possible you can be found guilty in absentia, of the non-traffic offense. You should have been mailed a copy of the order informing you of your conviction and your right to appeal within thirty (30) days. I don’t believe the Court, nor the officer, would have authority to amend the charge up to a Felony. If they wanted to do that, they would have to amend the charges, refile and provide you with proper notice. It is possible, for example, they cited you then later learned a gun was involved in the threat. However,  I think there is some confusion here. I suggest you get a copy of the record the employer has or order a copy of your criminal history from the PA State Police.

Can my brother and I sell the house where my mom has lifetime rights?

Q: She was diagnosed with dementia and was put in a nursing home. She will never leave this facility. She has some sort of lifetime estate in the deed. (Braddock Hills, PA)

A: It depends on the wording of the life estate. Many life estates are worded, “until death or unable to return home”. I would have the agreement reviewed by an attorney first. Obviously, if the life estate has been fulfilled, and it is clear she cannot return to the home, you can sell the home. Remember, there are inheritance tax consequences of her life estate, in that the life estate itself is subject to inheritance tax.

Can I sell my mother’s car as her POA?

Q: My mother Is in a nursing home and will no longer be able to drive her car. I want to sell her car. Can I do this with just the POA and go to a Notary Public?

A: If it is a legal Power of Attorney, in that it complies with the requirements of state law, and, it authorizes you to sell or transfer her property, you can do it. There are other factors to consider such as Medicaid. If she should need to apply for Medicaid in the next five years, the transfer of any personal or real property without consideration (i.e., gift, under market value) could disqualify her for benefits to the extent of the value of the transfer. If you sell the car, keep records of the transfer and put the money in your mother’s bank account and only use if for her expenses. First and foremost, consult with an attorney, especially if Medicaid may be in the future.

Can I get paid for taking care of my elderly mother?

Q: My sister filed a petition for conservatorship of my mom last October without discussing it with any family members. She lives in Georgia and I live with my mom in PA. My mom has no access to any of her funds and my sister stopped sending money 6 months ago. My mom has moderate dementia and has good days where she is alert and days where she is sleepy and not as clear. She receives 2k a month from her pension and about 3k from rental property. Because of the conservatorship she has access to none of it. I had planned on taking my mom to the hearing back in December because the court docs said she must be present, but my sister told me that she didn’t have to be there, and I trusted that, so we didn’t attend. Now I’m understanding that would have been the time my mom’s needs and wants could have been heard. I’m not working and live with my mom and have taken care of her for 4 years. For the past 6 months my mom and I have asked for some financial help from my sister who has control of the estate and have been denied or told that she needs to talk it over with the attorney. I don’t think I even have an option to get an attorney for my mom because she can’t access funds to pay. (Washington, PA

A: I will assume, your sister was appointed in PA and just happens to live in GA. The larger picture is that your sister is acting as conservator or guardian of your mother and according to you is not supporting her sufficiently. This requires the conservator appointment to be questioned. I suggest you speak with a local elder law attorney or attorney who handles guardianship law to advise on what your options would be. If it is readily provable that your sister is not acting in your mother’s best interest and not fulfilling her fiduciary duty as guardian, you may have legal grounds to for her to be removed as Guardian you appointed. The fact that she lives in GA raises questions as to how she closely she can care for your mother. I view your payment as caretaker as less of a problem. I would keep an itemized daily account of everything you do and keep expense receipts. The attorney can provide more advice on what records you need to establish for your services. If you keep a detailed invoice, you can submit it to the conservator. If she will not pay, that is another matter.

School bus dropped 14-year-old daughter off in ghetto!

Q: This isn’t the first time the school bus dropped my 14-year-old daughter off at different locations and didn’t have my permission. Now they leave her off in a high-crime area full of no good people. They didn’t even try calling us to see if it was ok to drop her off. Something needs to be done about it. (Pittsburgh, PA)

A: I understand your frustration but fortunately she was not injured. Had she been injured, you may have a claim. You need to voice your concerns to the school board, so this sort of mayhem does not happen to another child.

Can I recover for air bag that never deployed?

Q: I was rear-ended and broke my nose on the steering wheel. The air bags never deployed. Is that normal? Do I have a possible law suit for time missed at work, medical bills, suffering, etc. Is it a possible defect by manufacturer? Is that normal when rear-ended? (Bridgeville, PA)

A: Generally, when you are hit from behind you have a good case unless your claim is devalued by your contribution such as sudden stopping or reckless maneuvering. You can obtain an award for some types of medical expenses and possibly non-economic damages such as pain, suffering, inconvenience, disfigurement, loss of life’s pleasures. Air bag cases are a bit more difficult. Do front airbags deploy in rear end collisions? Was there a recall that you were unaware of? If you pursue such a claim, you will need to have an expert, likely a forensic mechanic, examine the car to determine what caused the problem. If you go this way, you will need to preserve this car until it is examined by your expert. With serious accidents, some insurance companies and plaintiff’s attorney have the car impounded and seal it in plastic wrap to preserve the evidence. You need to see a personal injury attorney who also handles product liability.