Pennsylvania Elder Legal Questions

this story almost sounds too crazy to beleive but if it is true, you need an advocate. If you've been ruled incompetent, it is more difficult, but you should try to get a consultation with an elder law lawyer. If your case is justified he can petition the court for an accounting by the guardian or request that another one be appointed.... Read Answer

You should consult with a lawyer who is versed in medicaid and all of its complicated rules. However, the long and short of it is this . Nothing will happen until she is out of money and cannot afford the bill at the nursing home. At that point the social worker will assist the next of kin to apply for PA Department of Public Welfare assistance through Medicaid. To be eligible, a person cannot own more than $2500.  IF your aunt has over $2500, she can keep certain funds for burial and necessities. Be careful with this joint account. There is a look back period of 5 years to determine eligibility. So if your name was put on the account within 5 years, it can be included in her assets. If you have spent it on yourself, the money you spent can expected to be contributed to her care at this point. If you attempt to hide any assets of your aunt, it could constitute Medicaid fraud. This area of law is somewhat complicated and i cannot address it all with the limitations of email. Again, you should see a lawyer who is experienced with medicaid eligibility and elder law.... Read Answer

The answer to your question is maybe or maybe not.  The duties and scope of power of the agent is defined by the health care power of attorney document. To get an answer to your question the document should be reviewed by an elder law attorney. Our attorneys would be happy to speak with you and to review the health care power of attorney document. You may call our office to arrange a consultation at your earliest convenience.  Angela Stevens, Esquire Pyrah Stevens, LLC 575 Pierce Street, Suite 303, Kingston, PA 570-718-4900... Read Answer

If you suspect exploitation of an older person, you may report it to your local area agency on aging or call the department of aging's elder abuse hotline.  Even if you are not sure abuse has occurred but have reason to be concerned, you should call.  All calls are confidential and they have a duty to investigation your allegations. If you wish to further discuss this matter feel free to contact our firm and we would be happy to speak with you.     Sincerely Angela Stevens, Esq. Pyrah Stevens Law Firm  570-718-4900  ... Read Answer