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Pennsylvania Elder Law Questions & Answers
1 Answer | Asked in Elder Law and Real Estate Law for Pennsylvania on
Q: Mom has dementia and in care home. Sister has POA and is selling home. I want to rent it to own or land contract it.

Would I be able to do this ? She said it would be considered income. I said not if money goes to her nursing home.

Peter N. Munsing
Peter N. Munsing answered on Nov 11, 2016

Contact an elderlaw attorney. Is mom on MA I assume? then elderlaw attorney your best bet.

1 Answer | Asked in Estate Planning and Elder Law for Pennsylvania on
Q: How do I contest a will? And, how do I go about getting the POA's agents use of the principals money, investigated?

I may have proof of misuse of agents money & credit card. I have some e-reciepts that could prove it. Plus, I was in the previous will and I KNOW my mother was coerced into cutting me out of the new will. She was being taken advantage of by the principal. Mom had alzhiemers and was very... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 10, 2016

You need to file a contest with the register of wills. You also should contact an attorney who handles estate litigation. Generally, Pennsylvania Courts feel bound by the will if the person had a time of clarity when they made it. Don't focus on things like the executor giving you your... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Pennsylvania on
Q: Do I have the right to ask the power of attorney for financial information for my mom is she is still alive in Pennsylva
Peter N. Munsing
Peter N. Munsing answered on Sep 29, 2016

If your mom is competent you ask her. You can ask anyone anything but I think your question is does the POA have to tell you. Unless the poa she filled oiut says they do, they don't.

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for Pennsylvania on
Q: Is it legal for a legal guardian of a person with dementia to sell her property even if she is still alive?

The person with dementia lives in a carehome. Her son who lives in the house that she owns was not paying the property tax for 3years, the tax bureau was ready to auction the house due to unpaid taxes. When the legal guardian found out about it, she immediately called the tax bureau and paid the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 18, 2016

Good question.Maybe son was expected to pay as "rent" on the property?

1 Answer | Asked in Estate Planning and Elder Law for Pennsylvania on
Q: My uncle has no will.

He does not own property but does have some money in the bank. I am on his bank accounts. Does the money automatically become mine if he passes?

Mark Scoblionko
Mark Scoblionko answered on Jul 5, 2016

It will depend upon whether you simply have signing power or if the account is a joint account. If it is a joint account, the money will become yours. If it is not a joint account, an estate will clearly have to be opened, and you will need a lawyer. If you check with the bank, they will tell you... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Family Law for Pennsylvania on
Q: What can I do to become executor when named executor moved out of state?

My mother named in her will my brother to be executor, durable power of attorney for her finances and healthcare/advanced directives. My brother announced in the second week of July he was moving out of state to build a new house and retire. My mother then tried to change her will and have me to... Read more »

Mark Scoblionko
Mark Scoblionko answered on May 5, 2016

I am not sure what your question is. The fact that your brother is moving out-of-state does not prevent him from continuing to serve as Executor of the estate. If, however, your brother chooses not to continue to serve as Executor, a lawyer can prepare a simple form for him to renounce, i.e., to... Read more »

1 Answer | Asked in Elder Law, Family Law, Contracts and Estate Planning for Pennsylvania on
Q: What are my rights as a live in companion for my elderly grandmother who I take care of out of love?

Gramma gets railroad retirement benefits, my husband gets social security, and I have no income, though I do bring food stamps into the household as part of the two thirds of the food we contribute. She maintains the house, ie a new roof, her car repairs, etc. The utility bills are in her name,... Read more »

Mark Scoblionko
Mark Scoblionko answered on May 5, 2016

It is not really clear what your question is--your "rights" as to what? Generally, without some type of contract, you would have no rights to anything. If your grandmother were to die without a Will, and if she has no living children, however, you, along with any other grandchildren,... Read more »

1 Answer | Asked in Elder Law, Family Law, Social Security and Workers' Compensation for Pennsylvania on
Q: My Mother in law and her husband reside in a senior housing community. He is now hospitalized and

will be admitted to a nursing home. They are both collecting S.S benefits and he has a workers comp settlement in a bank in both of their names. We need to know if she is entitled to half of that money from the workers comp and also part of his SS benefits to live on.

Timothy Belt
Timothy Belt answered on Feb 27, 2016

If the money is in a joint account, it belongs to both of them regardless of the initial source of the money.

1 Answer | Asked in Elder Law for Pennsylvania on
Q: Is it too late to protect assets if I am already in a nursing home?

I am 94 years old. I have been in a nursing home for 2 months. I am widowed.

I have two children.

Adam Studnicki
Adam Studnicki answered on Feb 6, 2016

Talk to an elder law or estate planning lawyer about your situation.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible...
Read more »

1 Answer | Asked in Elder Law for Pennsylvania on
Q: Is my husband automatically my power of attorney or must I appoint him?
Rachel Lea Hunter
Rachel Lea Hunter answered on Sep 6, 2013

You must appoint him. Otherwise, he has no authority to act for you when it comes to finances. For healthcare, you would make your own decisions if you are competent. If you are not competent and it was an emergency, perhaps your spouse could act but he would have to get guardianship papers. It... Read more »

1 Answer | Asked in Elder Law for Pennsylvania on
Q: Do I have rights as a Grandparent to see my grandchildren?
Rachel Lea Hunter
Rachel Lea Hunter answered on Sep 6, 2013

It depends on facts which you do not divulge. Is the family intact? Then the answer is no. Parents have a right to decide who their child will associate with some exceptions.

Generally, grandparents can seek partial custody or visitation of their minor grandchildren in one of three...
Read more »

1 Answer | Asked in Elder Law for Pennsylvania on
Q: My lady friend lives in a nursing home.we want to get married and live happy together.how do I get her out legally.?
Rachel Lea Hunter
Rachel Lea Hunter answered on May 31, 2013

Why can't she just leave? Is she mentally competent?

If your post suggests that she is not mentally competent and that she has a guardian who refuses, then you would need to see a lawyer about this.

1 Answer | Asked in Elder Law for Pennsylvania on
Q: Q: If POA steals $500,000 then files bankruptcy, can they be held accountable in any way? Mom can't pay for nursing now.
Rachel Lea Hunter
Rachel Lea Hunter answered on May 18, 2013

If the agent "stole" $500,000 then he/she can be criminally prosecuted and ordered to pay restitution.

Mother's new POA or guardian should be talking with an elder care law as to what actions can be taken against the former agent.

Is mother eligible for Medicaid? That...
Read more »

1 Answer | Asked in Elder Law for Pennsylvania on
Q: Can an attorney determine if a senior citizen is competent or is this required to be done by a Dr.?
Rachel Lea Hunter
Rachel Lea Hunter answered on Apr 24, 2013

Not unless the attorney is also a medical doctor.

The attorney may know if a client is acting a little off at a personal meeting. If the attorney's suspicions are aroused and the lawyer feels that the client may not be competent, an ethical competent attorney either would refuse to do...
Read more »

1 Answer | Asked in Elder Law for Pennsylvania on
Q: My mother is incompetent and in a nursing home. I need direction on getting a general POA
Charles Snyderman
Charles Snyderman answered on Jan 19, 2013

If your mother is mentally incompetent, you cannot ger a power of attorney. You contact an attorney about becoming your mother's legal guardian.

1 Answer | Asked in Elder Law for Pennsylvania on
Q: How do i get a power of attorney document
Jake Causing Santos
Jake Causing Santos answered on Jun 3, 2012

If your question is how can you have a power of attorney prepared and executed, then you can contact an attorney in your area that handles estate planning and/or elder law. A referral can be obtained from your local county bar association or by running a search online for an estate planning or... Read more »

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