Pennsylvania Elder Legal Questions

This is a complicated question.  Technically as a joint owner, the money is at least 1/2 yours.  I presume all of the money in the account is derived from her assets and income.  Do you have a power of attorney for her?  If so, that gives you certain fiduciary duties to spend her money for her best interests.  What was her intent when she put you on the account?  Does she have enough in assets to pay for her care?  I think this question warrants a more in-depth discussion with an attorney who can then give you some guidance.... Read More

Why are you being evicted?  Is it for non payment or some other breach of the lease and, if so, how long has it been going on?  You can try to negotiate an extension but you'll have to pay the rent as you go for certain.  If suit is filed, you must defend in order to try and delay eviction but if you cannot cure the breach, eviction is inevitable.  You should be actively looking for a new home so that you give yourself as many options as possible.  Your husband's doctor should also write a note or letter saying that moving now would be detrimental to his health.  You may need to present that to a Judge if litigation happens.... Read More

I think we might need some add'l facts.  Did someone pass away already?  Is there someone in a skilled nursing facility and eliglbe for long term care medical assistance benefits?  Generally the state has a claim to be reimbursed for any long term care medical assistance paid from the estate of the eligible person. ... Read More

Seeing a loved one not properly cared for is very difficult.  You are right to be checking in daily and taking care of things that the facility should do until you get action.  You might consider filing a complaint with the Department of Human Services and see if that gets action.  These facilities really fear inspections.  You could also consider a breach of contract suit for violating their duty to provide care in accordance with the agreement, which probably incorporates state regulations. ... Read More

You should have both.  the durable general power of attorney gives you authority to control her finances.  The healthcare power of attorney/livingwill allows you to assist with medical decisions.  You can find a form healthcare power here.  You should retain an attorney to assist with the other POA.  We can do that for you if you'd like.... Read More

I think there are 2 questions here: 1) can GD use the POA to sell the house and 2) should GD sell the house.  As for the first, most POAs permit an agent to sell the principal's house.  You'd have to review the POA to know that specifically.  If she did try to sell the house, the settlement agent for the closing would want to know why Mom isn't involved in the transaction and would ask Mom, if able, to sign documents.  Selling a house with a POA can be tricky.  As for second question, if Mom intends to apply for long term care medical assistance for her nursing home stay, the house doesn't count against her eligibility.  If the house is sold and converted to cash, the cash would count against her. I suggest that your family consult with an elder law attorney (like me) before doing anything with Mom's assets.... Read More

Yes your father can contribute financially.  The concern is that his financial contributions may be deemed as gifts and result in a period of ineligibility for long term care medical assistance if he eventually needs skilled nursing care in a facility.  So his contributions should be done w/in the context of a written agreement.  It's entirely appropriate for him to pay something for his room and board.  You should consult with an Elder Law attorney to assist you with this process and to give you additional advice on how to preserve his assets and plan for the potential need for medical assistance. ... Read More

Sometimes what appears from the outside to be financial abuse of the elderly might be something entirely appropriate.  So my first suggestion to you is proceed with caution.  If you've not addressed your concerns directly with the companion, then I suggest that you do that.  See what reaction you receive, what information you receive.  If you have siblings, you might considering asking them if they share your concerns.  Get a unitied front if possible. There's strength in numbers.   Have you talked to your mother?  If you think this person is abusing your mother, you have a couple of options.  One would be to contact your local Area Agency on Aging and report financial elder abuse.  You might also contact the police.  If your mother's congitive function is such that she can no longer manage her finances without help, you could petition to be appointed guardian of your mother or at least her finances.  You'll have to prove her mental incapacity and you'll be able to attack the companion's perceived abuses of her finances in that proceeding ... Read More

You're right to be concerned about her care.  You might consider contacting a local area agency on aging to request that she be assessed for her needs.  that would be step one.  As for changes in her assets, you might think about that after you make some decisions on her care and where it will occur (in your home or in a memory care facility).  Transfers of her real estate than have a significant impact on the sources of payment for her care so I would strongly recommend that you seek the advice of an estate planning or elder law attorney before you make any changes at all. ... Read More

It depends on the term of the agreement, the amount of money paid, the services provided and the timing of the payments.  In order to answer your question, one would need more information about all of these things.  Caregiver agreements are appropriate means by which assets can be passed from someone and not considered "gifts" that would render the donor ineligible for long term care medical assistance. ... Read More

I'm not certain what you're asking here. Your mother in law will continue to own her home -- that should not change during her incapacity unless there's a reason to sell the home.  Medical assistance (not medicare), if she is eligible and needs it to pay for skilled nursing care in a facility, will have a claim on her estate (which may include her home) for reimbursement.  Your question sounds like one of someone wanting to shelter assets from medical assistance.  More informaiton is needed.  I would recommend that you contact an attorney who provides estate or elder law planning in your area.  if you are in Western PA, feel free to contact my office. ... Read More

Retitling assets have serious consequences for Estate planning as well as eligiblity for long term care nursing home benefits through Medicaid.  For the IRA, the easy answer is for her to change the beneficiary to the 4 children.  there may be some special language to include on the form depending on how she would want the share of a predeceased child to pass.  For the other assets, I think you'd need to share information with an attorney in order to get more specific advice.  I'd want to know your mother's age, does she own a home?  What's her current health status?  What is her inomce?  Does she have long term care insurance? ... Read More

Having a family member with dimished abiltiy to handle their own affairs is really stressful.  I know because I've dealt with that personally.  If your Mom can make her own decisions, she can work with the facility to be discharged if that's appropriate for her care.  She can authorize the facility to discuss these matters with you.  She can revoke the POA with your brother -- preferably in writing but it would be best if she were do have a new POA in place first.  It sounds like you have legal, social and care questions.  An elder law attorney in your area can be of some help and perhaps point you in the direction of others who can assist with non-legal matters.... Read More

Agents under Powers of Attorney have powers governed by the contents of the Power of Attorney document.  Most will give agents the ability to control the principal's finances, including closing accounts and transferring balances to other accounts.  Agents have a fiduciary duty to the Principal.  That duty can be summarized as doing what's in the best interest of the Principal and avoiding self-dealing.  One would need to see the Power of Attorney document to determine the scope of powers given to the agent in question.  It would also be helpful to know how the new accounts are titled.  Did the Agent give him/herself the money or are the accounts title to the agent as POA for the principal?  You should see the advice of an attorney who can ask you questions about the specifics here and give you better guidance. ... Read More

It sounds like your mother is in need of skilled nursing that's covered by medicare for 100 days.  Figuring out payment options in these situations is very confusing.  The home should be able to help a but you can't count on getting objective or well-rounded advice.  First piece of advice is to avoid signing the care contract as the responsible person.  That would obligate you contractually to pay for her care.  If you avoid that and assuming your mother didn't gift all of her assets to you to avoid paying for care, I doubt you have much to worry about the home coming after you.  Best bet -- seek out an attorney who practices in elder law and get a consult specific for your situation.... Read More

Generally this does not happen unless the children signed the contract with the facility to be responsible for the bills in the event the resident is unable to pay.  I've seen that many times.  I also see facilities pursue payment from children in situations where the resident's assets are transferred to the children without adequate consideration shortly before the time the resident enters the facility. ... Read More

This is a tough situation -- you obviously care for them and want to honor your husband's relationship with them.  Your husband's legal connection with them does not impact the situation.  If you believe that your mother in law cannot care for herself financiall or physically due to her condition and that she is susceptible of being victimized, you can petition the court to be appointed her guardian.  You'll have to prove her mental/medical condition.  You can ask to be appointed as guardian or you can ask the court to appoint a guardian.  These proceedings can be costly.  However, if you are successful, the court may reimburse the attorneys fees that you play. ... Read More

If he is mentally clear, there is little you can do except this. If you are sure money is missing, you can see if a police officer will take a report and call this girl. This may shake her up a bit. Dad should have a POA at this point in his life so you need to talk to him and see if you can get him to a local attorney.... Read More