Legal Question in Elder Law in Pennsylvania

I have been an in-home personal care assistant for an incapacitated person who lives in his mother's basement for 7 years. I have seen his mother/guardian steal his supplies (paid for by Medicare and/or Medicaid) and sell them to her father in law. 3 years ago she told me that she had to use his money to pay her taxes. The next year she paid $12,000 for a landscape retaining wall in her flower garden, and $13,000 to remodel her upstairs bathroom the year after that, although this woman has not had a job in over 6 years. She uses his money to pay the bills, buy the household supplies, and for giving cash gifts. She used to be a bookkeeper for a local company when she did work, so I know she knows how to cover her tracks. Meanwhile, she pinches every penny she has to spend on her son. She does not help with his care in any way, or even know much about him. Plus I doubt she has filed her yearly guardian reports for at least the past 4 years, because I don't download and hand her the papers to fill out anymore. I don't know why the court hasn't caught onto her not filing the reports, but she is a horrible guardian and person. There is mold growing all over the walls in the basement and 30 year old nasty carpet disintegrating on the floor that she will not get rid of, even though she knows both are health hazards. My question is- can I request an investigation into this woman anonymously?


Asked on 11/24/13, 6:11 pm

1 Answer from Attorneys

I would contact the county department of mental health immediately and report this. I'm not sure what the incapacity is but if it has a mental component I would start with mental health. If not them, then they may be able to point you in the right direction.

50 P.S. � 4603. Immunities

No person and no governmental or recognized nonprofit health or welfare organization or agency shall be held civilly or criminally liable for any diagnosis, opinion, report or any thing done pursuant to the provisions of this act if he acted in good faith and not falsely, corruptly, maliciously or without reasonable cause; provided, however, that causes of action based upon gross negligence or incompetence shall not be affected by the immunities granted by this section.

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Answered on 11/24/13, 10:08 pm


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