Lawyers, Answer Questions  & Get Points Log In
Pennsylvania Elder Law Questions & Answers
1 Answer | Asked in Contracts, Real Estate Law, Elder Law and Identity Theft for Pennsylvania on
Q: My father lost his fortune to a network of scam artists. I am looking to obtain power of attorney and recoup his losses.

elderly gaslighting, manipulation. social security fraud, real estate/financial malfeasance

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2023

A Pennsylvania attorney could advise best, but your question remains open for a week. You could consult with a local attorney about signing a power of attorney, or you could check with some of the online services that offer basic legal forms, which can include power of attorney forms. Good luck

2 Answers | Asked in Estate Planning, Elder Law and Probate for Pennsylvania on
Q: The successor of my father's deceased lawyer isn’t helping me obtain a will from his files. Is this ethical?

My father recently passed. His lawyer (now deceased) held the original signed will (unsigned copies were with my father and me). I reached out to the lawyer who inherited the files. He confirmed as the successor, pledged to check for the files, and communicate further. Regrettably, he failed to... View More

Michael Cherewka
Michael Cherewka
answered on Aug 24, 2023

It is unfortunate that this attorney has stopped communicating with you, especially if he has already confirmed that he is the successor to the prior attorney's practice and has his files. Since you have a copy of the Will, I would recommend that you hire your own attorney (assuming that you... View More

View More Answers

1 Answer | Asked in Elder Law for Pennsylvania on
Q: If there's no one you designated to be notified of your death can your body go directly to your designated funeral home?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2023

The disposition of a deceased person's body is typically handled by their next of kin or the person responsible for making funeral arrangements. If you have not designated anyone specifically to be notified of your death, it is important to have clear instructions in your will or other legal... View More

1 Answer | Asked in Elder Law and Nursing Home Abuse for Pennsylvania on
Q: Can a patient in a nursing home be forced to another room, from a fairly quiet double to an extremely nosily quad room?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 27, 2023

A patient cannot be forced to move from a quiet double room to a noisy quad room against their will. Nursing home residents have certain rights, including the right to privacy and a reasonable accommodation of their needs. However, there may be specific circumstances or exceptions where room... View More

1 Answer | Asked in Elder Law and Probate for Pennsylvania on
Q: § 2206. Right of election in Pennsylvania

wife dies December 6. Leaves only asset condo to her daughter. husband dies February 5 without filing spousal election. Can his daughter make election?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 8, 2023

Depends of what the Will says. Most Executors do have that power.

2 Answers | Asked in Real Estate Law, Elder Law and Probate for Pennsylvania on
Q: Am I legally required probate husband's will if he left entire estate to me ?

I am selling commercial property with both our names on deeds. We were in the process of doing this together before his passing but never started any listing etc. I just want to sell as is, no contingency, cash only. Must I probate the will or can I just proceed as we were planning?

Stephen M. Asbel
Stephen M. Asbel
answered on Oct 25, 2022

If both you and your husband's name are on the deeds for these properties, then your ownership probably was "tenancy by the entireties" - a form of ownership for married couples under which when one spouse dies, the suriving spouse becomes the sole owner by survivorship. The... View More

View More Answers

1 Answer | Asked in Employment Law and Elder Law for Pennsylvania on
Q: My job is a caregiver

I recently switched company's and my client I had with my old company changed to the current company I'm with now before I started there the client in question wants me to still be their caregiver and I would too but we both signed a paper in short that can't happen until a year has... View More

Carrie Dyer
Carrie Dyer
answered on Aug 25, 2021

It sounds like you have a non-compete and/or non-solicitation agreement with your former employer. If the agreement is enforceable, and you violate the terms, your former employer can sue you and your new employer. You should have your contract containing the non-compete/non-solicitation... View More

1 Answer | Asked in Elder Law, Health Care Law and Public Benefits for Pennsylvania on
Q: Can family have a say in an elderly person's need to move to a care facility? This person is of-sound mind;

She lives in filth, doesn't eat, can't clean herself and sits and sleeps in her own feces and urine.

Peter N. Munsing
Peter N. Munsing
answered on Aug 3, 2021

I would approach an elderlaw attorney who is certified; the area office on aging can be of help.

1 Answer | Asked in Elder Law for Pennsylvania on
Q: Can a county run facility refuse to accept an individual?

My mother has dementia. My father can no longer take care of her. My sister discovered she was hiding her medication which allowed her to become violent. She has been in hospital since last episode and back on her meds with no violent episodes for over a week. A county run facility near her home... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 21, 2021

Call the office of aging in the area. Get a consult from a certified Elder Law attorney. Contact each if your County Commissioners.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Pennsylvania on
Q: Can a Trustee refuse to make a distribution to a beneficiary of a discretionary trust and

then ignore said beneficiary requests for an explanation?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 22, 2021

The powers of any Trustee are prescribed first by the wording of the Trust document itself, augmented by the powers specified in the PA statutes.

To answer your question correctly, a lawyer would need to examine the wording of Trust document.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Pennsylvania on
Q: What are the determining factors as to whether or not a trustee has actually acted in the beneficiary best interest?

Are there any rules governing what a Trustee must do to ensure they know what IS & IS NOT in the beneficiaries best interest and act accordingly?

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2021

Entire books have been written on this subject, and this has been the subject of numerous lawsuits across the country. There is no simple one-size-fits-all answer, I am sorry to say. If you have a particular action in mind and would like legal advice regarding that, you should consult with an... View More

2 Answers | Asked in Criminal Law, Foreclosure and Elder Law for Pennsylvania on
Q: My 71 yr old father is facing forclosure due to a scam.

My father got involved with a woman facing legal troubles and believes he is funding a big top secret lawsuit against a gov. agency. However, no legitimate lawyer is ever produced when asked and some tragic event always occurs to prolong the case. It's been 5 yrs. He gave away all of his... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 19, 2021

If your father refuses to sign any documents, even for a loan from you, you can (if the amount is doable) approach the holder of the Note and Mortgage and offer a pay-off in exchange for an assignment of the existing Mortgage and endorsement of the Note to you. The bank should be happy to work... View More

View More Answers

1 Answer | Asked in Employment Law, Workers' Compensation and Elder Law for Pennsylvania on
Q: This is extremely complicated and Covid related. At beginning of pandemic all persons over 60 laid off for months

Upon returning - we were required to disinfect all areas between patients with new disinfectants, masks and shields. By afternoon this had me vomiting violently. Sent home on many occasions suspected of infection. Occupational Medicine would not see me. I was consistently approved for time off... View More

Timothy Belt
Timothy Belt
answered on May 11, 2021

That is indeed a complicated set of facts. It sounds like your doctor has indicated your condition is related to a work related chemical exposure. As such, this may be considered a work injury. If you have not already provided notice to your employer of a work injury, you have 120 days from the... View More

1 Answer | Asked in Elder Law and Nursing Home Abuse for Pennsylvania on
Q: Hello, How do I find the information about the civil lawsuit that was filed last week?
Michael Brevda
Michael Brevda
answered on Feb 18, 2021

You can find public access to Pennsylvania’s civil court docket online. You can search by party name to locate either 1) the name of the injured nursing home victim or 2) the legal entity name of the negligent nursing home.

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... View More

John Rafferty
PREMIUM
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... View More

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... View More

John Rafferty
PREMIUM
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... View 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
PREMIUM
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 Estate Planning and Elder Law for Pennsylvania on
Q: Was my dad's Income Only Medicaid Asset Protection Trust a good idea? Need to use trust income to pay for elder care.

About 6 years ago, my dad went into an assisted living facility and, AT THAT TIME, a lawyer put most of his assets in an Irrevocable Income-Only Medicaid asset protection trust. At the time, costs were reasonable ($3500/month) and he had a good Long Term Care policy. My dad went through with this... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2020

Except in California (where the lookback period is only 2.5 years), the Medicaid lookback period is 5 years. That means Medicaid pre-planning must be done at least 5 years in advance of the need for long-term care. When it comes to Medicaid pre-planning, an accurate crystal ball is extremely... View More

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Elder Law for Pennsylvania on
Q: Am I responsible (if NOT a POA or guardian) to stay in a home 24/7 for a mother and father with undiagnosed dementia?

The office of aging claims that she can be legally responsible for them (mother and father). She DOES want to be helpful and a good daughter but does she need to be there 24/7? She has had to leave her job and is a ‘prisoner’ to their home. This is all until they are placed in a nursing home.

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 15, 2019

Pennsylvania is unusual (compared to other states) in that it does impose on relatives the obligation to care for and maintain or financially assist indigent persons.

Here is the Pennsylvania statute:

§ 4603 Relatives' liability; procedure

(a) Liability.--...
View More

1 Answer | Asked in Elder Law and Probate for Pennsylvania on
Q: If I suspect a POA agent of abusing principal's finances, is it up to me to ask for a court's review of expenditures?

Or, does a court review expenditures, as a matter of process, after a POA has been appointed? I can only guess it was a general POA. The principal (a PA resident) has, since, passed and, while I understand the POA was terminated with the principal's death, I fear the estate (small) is less... View More

Michael Cherewka
Michael Cherewka
answered on Oct 1, 2019

this is a very broad question so at best can give a general answer. If this was a POA pursuant to a written General POA signed by the principal (as opposed to a court appointed guardian or agent) then there is not much oversight unless the principal or someone on behalf of the principal reports... View More

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.