Biagio V. Musto II's Answers

My sister has POA for our mother and is abusing her position, what action can I take to remove her

In general, an agent under a financial power of attorney has certain duties. The duty of an agent is to help to manage the affairs of the person for whom the power of attorney was created (principal), A power of attorney is not a license to take the funds of another for your own personal use. If you are the agent, and the principal wants you to transfer assets to others, or put the names of others on bank accounts, then you are only acting to fulfill their wishes, and are not doing anything...

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Proceeds of a home auction (not the home itself) - do proceeds need to be listed as assets toward the nursing care home?

In general, household furnishings are considered exempt, at least in PA. However, if the nursing home recipient sold her home furnishings and ended up with money as a result, that cash is a countable asset. Therefore, if you were to sell her furnishings at an auction that money would be counted as an asset and would need to be below the limit- in PA the limits are between 2400 and 8000. Also, cash found in the home is clearly a countable asset. With regard to home furnishings, there are...

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P.S. to question - if both parents went to nursing home with 70,000 - wouldn't home have to be sold to pay for it when money gon

Not really. The parents can state it is their intention to return home even if that is not realistic. For that reason, the home will be considered an exempt asset. If the rest of their assets fall below the 2400-8000 asset limit, which they will once the money is spent down, they would then be eligible for Medicaid to pay for their nursing home care. As a result, you would not have to resort to selling the house. It is possible that if the home is in their name only when they pass away and...

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Info on a law in Pennsylvania regarding long term lease and medicare asset consideration?

I practice elder law in PA as one of my primary areas of practice. In Pennsylvania, if somebody owns property then that property is considered an asset. For Medicaid purposes, a single residence is excluded from the asset calculation (In PA, the asset limits are 2,400 and 8,000) Therefore, the value of a single residence will not be counted toward the resource limit. Now there are some exceptions when it comes to non-resident property, In general, a non-resident piece of real estate is...

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In PA can a named heir opt out of an inheritance?

In PA, individuals who receive needs based benefits, such as public welfare, usually have resource limits. Therefore, if they received a lump sum of cash they may be over the resource limit for that category of benefits. You need to contact your local county assistance office (CAO) to inquire about what resource limits apply. There is always an exception for certain resources, such as a home and a car. For that reason, the individual could buy a new car and should not be disqualified on...

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Chase Bank is suing me in court for credit card debt. I am a senior on limited income. What can they do to me.

Just write a letter to the court letting them know why you want the hearing rescheduled, such as the need for additional time to prepare your defense. Usually, in credit card debt cases, things are pretty straight forward- you owe the money, you cannot make the payments, they take you to court to get a judgement. They will usually get the judgement. In most cases, your best bet is to file bankruptcy, which will discharge the debt. You may ask the court to reschedule because are in the process...

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How do I answer a civil summons for a credit card debt?

If you are filing a motion for a continuance, to reschedule the hearing, then you do not need any particular form. Just write a letter to the court letting them know why you want the hearing rescheduled, such as the need for additional time to prepare your defense. For other issues, especially in a magistrate court, you will not need any specific form. Usually, in credit card debt cases, things are pretty straight forward- you owe the money, you cannot make the payments, they take you to court...

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In pa if a will is not read within a certain time frame does executor get everything. it has been 5years since my father passed

There is no deadline to probate a will. However, a Pennsylvania inheritance tax return and the tax payment will be due 9 months from the date of death. A five percent discount on the inheritance tax due is given if paid within 3 months from death. Also, in no case will the executor receive the entire estate. With no will, the laws of intestacy are used to determine who will benefit from the estate. If there is a will, it should be offered for probate. If no will, the estate will be...

Elder law question. Are proceeds from a homes belongings considered to be assets towards payment toward nursing home?

In general, household furnishings are considered exempt, at least in PA. However, if the nursing home recipient sold her home furnishings and ended up with money as a result, that cash is a countable asset. Therefore, if you were to sell her furnishings at an auction that money would be counted as an asset and would need to be below the limit- in PA the limits are between 2400 and 8000. Please check with an elder law attorney in your state for your specific limits.

Doctors Office

Under HIPAA, the Health Insurance Privacy and Portability Act, there are very strict rules regarding the release of protected health information. Unless you sign a HIPAA release, the doctor cannot release your health information or your child's information. From your question, it does not appear that you signed a release. Call the doctor's office and tell them they are releasing your child's private information in violation of the HIPAA laws. If they refuse to cooperate, see a lawyer for a...