Lawyers, Answer Questions  & Get Points Log In
Questions Answered by John Rafferty
1 Answer | Asked in Family Law for Pennsylvania on
Q: What if a power of attorney is needed to make decisions but he can not be reached?

My brother is the power if attorney for my grandfather. There are certain things that need to be taken care of such as making sure the bills are getting paid and also the sale of the house and car, however, he refuses to answer his phone. What can we do to get him to be involved.

John Rafferty
John Rafferty answered on Oct 14, 2020

You can file a petition in the Orphans' Court Division in the Court of Common Pleas of the County in which your grandfather resides, Petitioning the Court to Remove your brother as POA; for failing to perform the job he was appointed to perform. If your grandfather lacks cognitive capacity to... Read more »

1 Answer | Asked in Family Law and Elder Law for Pennsylvania on
Q: My friend's mom is near death and her sister, brothers and father are not allowing her necessary care and visitation.

Her mom lives in an apartment above her garage and is in the end stages of life. Her sister from NYC and brother from Florida are denying her necessary medical care. Can she obtain a restraining order?

John Rafferty
John Rafferty answered on Oct 14, 2020

She might consider filing a petition for guardianship of her mother, alleging that she needs assistance caring for herself and determining who can see her, and her current care-situation is insufficient. An estates attorney should be able to help you prepare and file such a petition.

1 Answer | Asked in Elder Law for Pennsylvania on
Q: Is my son responsible for my nursing home payments should I have to be in one? My property is in his name also, \

My property is the joint property of my son and me. Should I pass away before my husband, my husband has lifetime residency of the house but it reverts to my son. If I should have to go into a nursing home is my son responsibile for my expenses since he is part owner of the house? I can't turn... Read more »

John Rafferty
John Rafferty answered on Oct 14, 2020

Your could be responsible for your nursing home payments if he signs a personal guarantee, or something similar for the nursing home, promising to make payment if you or your estate assets run out of funds. Alternatively, if you ran up a significant bill that the nursing filed a suit in order to... Read more »

1 Answer | Asked in Elder Law for Pennsylvania on
Q: My grandma was diagnosed with dementia can she sign her house and property over to mr so that state doesn't take it.

I was told if she was put in a home that the state would take the property and whatever is in her bank account. It is in her will that the house and the property goes to me and my brother l, but if her Dr. Says she needs to be put in a home, I was told the state will take the property. So I wanted... Read more »

John Rafferty
John Rafferty answered on Oct 14, 2020

If she was diagnosed with dementia, then although she will logistically be able to sign title over, the conveyance will be subject to reversal, on the theory that she lacked cognitive capacity at the time of the conveyance, to convey title. For that reason, it's important you look at any... Read more »

1 Answer | Asked in Gaming for Pennsylvania on
Q: I got a citation, I paid fine and plead guilty by mail. Why do I still to go to court?

It was for drinking in a pa state park, and it’s 3 hours away from where I live

John Rafferty
John Rafferty answered on Oct 14, 2020

If you pled guilty via mail, then you likely do not need to still go to court. I would call the court and inquire, but if they have received your guilty plea and payment, you likely will not need to go.

2 Answers | Asked in Criminal Law and Traffic Tickets for California on
Q: Do you think I'll have to do jail time

For my hit and run ?

John Rafferty
John Rafferty answered on Oct 14, 2020

It's very important you hire an attorney right away to discuss this matter. It's possible that a hit and run can result in jail time, but much depends on how early an attorney gets involved.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.