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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 
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
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
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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
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.
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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
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
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
My father passed away in a nursing home. Not only did they lie about the time of death but my father was struck in the face after he died.
answered on Jul 2, 2019
Call the police department in the town where the nursing home is located, and tell them you want to file charges.
Best of luck to you.
My sister (actually best friend) has been placed in a nursing home permanently. Her immediate family will not clean out her apartment. It is paid up for the next two weeks, which is the end of the month. She has nobody else to do it. She stands to lose everything if the management has to clean it... View More
answered on Nov 21, 2018
When you say clean out, does that mean you intend to store her effects or get rid of them? Even though she doesn't have a will doesn't mean there will no be an estate raised. You might do best with staying out of this or, if your conscience won't allow that, then you could meet with... View More
I have powerful video and paper evidence of his civil rights bieng extremely violated. I was told by NH staff he was deemed incompetent after he signed Medical proxy to me - in front of me , I have pictures - documents -video evidence to provide
I checked with courts - he was not deemed... View More
answered on Sep 11, 2018
There may be a claim the estate can make. Whether it's a claim for the DA is up to the DA for the county where it happened. Feel free to call me and I can recommend some attorneys who can discuss the case in more detail with you. Do understand nursing home cases are difficult as the people go... View More
Her daughter lives in Virginia, has power of attorney and cleaned out her house of clothes, dinnerware, dishes, bowls, spoons, furniture, bed and box spring...
answered on Aug 15, 2018
I don't know what your question is. The fact that the daughter holds a Power of Attorney is irrelevant. That would not give the daughter the right to remove those things without her mother's consent.
I have a 69 year old cousin who lives alone. My cousin was befriended by a woman in the same apartment complex. Over the course of a year, this woman ‘helped’ my cousin spend $100,000 from an investment account. My cousin gave her money ($5000, twice), paid for food, gas, footed her spending at... View More
answered on Aug 2, 2018
Contact the local police also to report the neighbor's conduct, and have your cousin tell the police that she no longer wants any contact from this neighbor. If the contact persists after the neighbor is so notified, she could face criminal harassment charges. It's worth a try.... View More
My husband and I have been married for 30 years, his oldest daughter seems to think that she can override me when the time comes to put her father my husband in a nursing home. She lives in NC, can she do this?
answered on May 17, 2018
I do not practice in this area of law but I really doubt that she can do this unless she has herself appointed guardian. She'd have to do that in the state and county where your husband lives and he, and I believe you as well, would have to be notified of her petition.
I live in Pennsylvania
answered on Apr 26, 2018
The answer to that question depends on additional information that you would need to provide. However, I can say the Medical Assistance laws provide protections for a spouse that would include the marital residence if the healthy spouse is residing in it. You mentioned that you are separated, so... View More
answered on Mar 28, 2018
Contact attorney Jeff Bellomo in Pennsylvania
PHONE:
717-845-5390
ADDRESS:
3198 East Market Street, York, PA 17402
OFFICE HOURS:
Mon to Thurs- 8:30am to 5:00pm (Closed 12-1pm)Friday- 8:30am to noon
EMAIL:
info@bellomoassociates.com
Only 1 heir (me), no mortgage, no debt either side. mom is 82., dad passed in the fall - sister passed 25 yr ago (not married). I live 1 hr+ away. She just got a settlement from asbestos suit, so do not have to use home for equity to help with monthly bills and taxes for the time being - not... View More
answered on Mar 16, 2018
Your mother and you would be best advised to speak with a knowledgeable lawyer and develop a comprehensive estate plan.
I will give you a few random things to check on:
1. If your mother needs nursing home care, is the house an exempt asset?
2. If the house is exempt and... View More
They have been separated for 10 years and he was in a accident a while ago and deemed incompetent. She lived a rough last year, and just passed away. His family is now trying to take the estate. What can I do?
answered on Mar 10, 2018
Unfortunately, you need to hire a lawyer. If no divorce action was filed, he is entitled to claim what is called a forced intestate share. He is likely entitled to one-third of the estate.
Is the family legally permitted to view the video? The fall occurred in the common space hallway.
answered on Feb 20, 2018
They should be.If not tell admin you want the tape or images secured. Speak with an attorney who handles nursing home issues if there were injuries.
Both of our names are on the deed to my house because at the time, it was the best thing to do.
If she passes away, what happens with our home? What can I do to avoid any legal red tape?
answered on Feb 10, 2018
You need to consult with a lawyer to examine the deed. If you and your mother own the home as joint tenants with right of survivorship, her interest would pass to you automatically, but it will cost you 4% inheritance tax on her portion. If you own the home as tenants in common, her interest... View More
Just trying to get some advice. My boyfriend lives with his grandfather. His grandfather has no will and was just diagnosed with stage 4 brain cancer. We live in PA so there's no next to Kin laws. He does own a house but with mortgage. His mother and Aunt believe they can come in and take... View More
answered on Dec 1, 2017
I am not sure what you mean when you say that Pennsylvania has no next of kin laws. There is a statute, commonly called the Intestacy Act, which provides what happens in an estate where there is no Will. In the circumstances you have described, if the grandfather has no Will, all of his assets... View More
I live in Pennsylvania, northampton county... I'm currently in a long term relationship (11 1/2 years). It has been extremely mentally abusive. I want out and am trying very hard to get out. However, he has always had the upperhand, and still does, to point that I look and at times act insane... View More
answered on Nov 28, 2017
Common law marriage was abolished in Pennsylvania in 2005. Marriages entered after January 2005, must have a marriage license and formal process.
Please feel free to read the information about common law marriage on my website.... View More
Have lived/ cared for nearly 5 years. Her Will states that my brother and I inherit the house 50/50. Upon her death, he wants to sell it and split the money. Will I have any legal grounds to continue to live there as 1/2 of home owner or can he force me to sell right away?
answered on Aug 1, 2017
The Will would have to be examined by a lawyer. If your mother truly left the house to the two of you, your brother could bring an action for partition to force a sale. Under any circumstances, you would be obligated to pay fair rental during the time you remain in the house. If your description... View More
Mom has assumed that she would do as asked and divide all money equally. It seems that this is not her intention. Mom has no will and has dementia. FYI, my mother's own money is used to pay her bills and expenses that come with her hospice care. My sister does put in more time because she... View More
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