Tag Archives: ELDER LAW

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.

Is my mom responsible for her credit card bill when going on Medicaid and in nursing care?

Q: Is my mother responsible for a credit card bill when she will be put into a nursing home in a couple of days? Medicaid will be taking her small SS and retirement to pay for the home. She will have absolutely no money to pay for the credit card balance. She has absolutely no assets and the card is in her name only. Can she just inform the company and let the balance go?

A: Basically. Yes, if what you are saying is correct her money will be spent down to the level permitted in her personal care account at the nursing home, under Medicaid regulations. They can sue her but won’t collect because she is indigent and her personal care account is a protected asset. They can bring a claim against her estate when she dies but their claim would be behind, Medicaid, and others. It is likely that there will be no estate when she dies. If for some reason there is money remaining when she dies, Medicaid and other priority claims take their share, for example, for taxes, administrator fees, lawyer’s fees. I would inform the credit card company of the situation and send them any paperwork if they ask. If they keep pestering you, change your phone number. Sometimes, these big credit card companies just don’t get it and spend thousands of dollars pursuing claims against people who are penniless or who have even been dead for years.

84 year old friend needs a power of attorney

Q: 84-year old friend was harmed by fall and needs 24-7 caregivers. She has long term insurance policy. She needs a power of attorney for healthcare and finances. For me to fill out an insurance policy claim form on her behalf, she must give me power of attorney for health care and for finances. Her competence is questionable.

A: She needs to be competent to execute a Power of Attorney. The standard for a Principal’s competency required for a POA is higher than the competency level needed for a will. You need to confirm whether she is competent. You can do this by asking her doctor, if he will tell you, or take her to a lawyer who can assess her competency. My advice is to have her hire the lawyer and have him or her represent your friend, and not you.

Can the nursing home take 95% of my husband’s income?

Q: My husband was recently placed in a nursing home, and now they are taking 95% of his retirement is this legal. As his spouse what is my recourse, since I still need to live in the home and cannot maintain it on my income alone. (Jefferson Hills, PA)

A: From your question, I am uncertain if your husband’s income is going to Medicaid pursuant to a standard Medicaid formula as to how much the institutional spouse receives and how much the community spouse (you) receives. 95% seems high to me. If this is the nursing home that is intercepting his money and it is not going to Medicaid, then I think you should consult with an elder lawyer or estate lawyer versed in Medicaid law to review your marital income to determine how this is happening and other options you may have including an application to Medicaid.

 

Will my mother be stuck with a credit card bill when she has no money?

Q: Is my mother responsible for a credit card bill when she will be put into a nursing home in a couple of days? Medicaid will be taking all her small SS and retirement to pay for the home. She will have absolutely no money to pay for the credit card balance. She has absolutely no assets and the card is in her name only. Can she just inform the company and let the balance go?

A: Basically, they can sue her but will never collect, assuming as you say she has no money or real property. They can bring a claim against her estate when she dies but they would be behind the boys from Medicaid. If there is an estate when she dies and if there is money remaining after Medicaid takes their share, and other priority claims take their share before the credit card company. These priority claims are for taxes, administrator fees, lawyer’s fees and medical expenses incurred for services within six months of death. If any money remains after that, the credit card can see the estate for the balance.

 

I want to get mom’s house in my name but there are many legal issues

Q: My 83 yr old mom is in a health care facility and I want to get her home. There are many legal issues I need advice on. In January, our three story home suffered severe water damage by thawed water pipes in the attic and its taken four months to get the damaged materials out (inc. lead materials). I was sent a check payable to mom & her mortgage holder. I don’t know how to be sure that we’re getting contractual entitled benefits. I believe that there are circumstances going on that I don’t agree with. I need help to understand how to get the benefits she’s entitled to. FAST!! I’m in search of contractors now. They will be replacing walls & floors, possibly all appliances, for 3 floors in the back half of the house. That’s a lot of work. I just don’t know what detours the insurance company will send me to get everything

A: More information is needed. As long as mom is competent, and it is her desire, she can transfer ownership of her house to you by signing a deed. However, there other issues lurking out there that you need to be aware of. If she is receiving Medicaid, or may likely need to apply for Medicaid within the next 5 years, a transfer of the home to you for under fair consideration could result in her being ineligible for Medicaid. Plus, this is mom’s home. She may need to sell the home to pay for nursing care. Does she want you to have the home even if it means she cannot live comfortably in a facility of her choosing? In addition, mom will lose her Homestead Act exclusion for real estate taxes as well as any senior citizens discounts. Furthermore, is mom aware that any judgments against you will result in an automatic lien on the house if it is in your name? If you are having difficulty in dealing with insurance people and contractors, you may want to consider having mom sign a Power of Attorney over to you, either a specific POA or a General Durable POA, assuming she is competent. I think you could benefit greatly by consulting with an attorney.