Legal Question in Elder Law in Pennsylvania

Siblings want Mom's CD's put in their names.

Mom made me POA yrs ago. She is getting dementia. She has cancer and lives with me now,I'm the caregiver 24hrs. Siblings are worried about money. We split Mom's money into 4 CD's each name + Mom's. I have possession because they are Mom's money. Siblings want Mom's name off but I may need the money for her medical costs. Chemo to cost $1200 month, her income is $1000 mo. I do not feel this is the best way, no guarantee they will share the cost each month. Some don't want her to have treatments, says its a waste. They accused me of using her money for expensive purchase I made, I show them the bank statements, none of her money was used. (I owe credit card.) Hubby & I take her out for dinner each week, they accuse us of making her pay (she leaves the tip). Try to keep receipts, but not all. Bathroom needs re-done, to take better care of Mom's colostmy. Cost about $4500. Mom said use her money. That's when they started wanting their money. Would not need changed if Mom was not here. She is out of my care for only 4 hrs/wk.I do not get $ for taking care of her. She pays $60 for groceries/month plus cable TV bill. Medical costs are high. Needed all new clothes after surgery. Do I owe them detail reports? Can I refuse to give up CD's


Asked on 1/29/06, 11:36 pm

2 Answers from Attorneys
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Siblings want Mom's CD's put in their names.

My recommendation is that you confer with an Elder Law / Estate and Trust Attorney ASAP, failure to do so most likely lead to litigation, something you should avoid unless absolutely necessary. To that extent an attorney trained in the aforementioned field will benefit you.

If you require a more in depth consultation you can reach my office at 412.731.0865. My office is located in Monroeville for your convenience, thank you for your interest.

Sincerely,

Marc Taiani, Esquire

AAAL - Allegheny Attorneys At Law

www.AlleghenyAttorneys.com

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Answered on 1/30/06, 12:43 pm
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Siblings want Mom's CD's put in their names.

It sounds like you're doing pretty well given the hand you've been dealt. Simply put, no matter what you do it will cause acrimony.

Are they suggesting that they want the money now? If that's so then they can just...

Well, you get the idea. The money is your mother's to do with as she pleases, within the reason of common sense. As long as she's alive the CDs should be used for her care. Once her name comes off the CDs that money has been transferred and it will never be seen again. There also could be tax implications at that time. Also, should mom need inpatient care her finances would be subject to a Medicaid lookback of at least two years.

Unless mom specified otherwise the money is meant to be used for her care first and then if any remains can be dispersed.

My suggestion would be to look at engaging an Elder Law attorney. He can s/he can help you set up a proper plan including a budget and record system. Our firm specializes in Elder Law and you can see some of the free resources avaiable at Arjont.com under the Edler Law tab (pardon us as it is undergoing revision and all links may not be active).

Please contact me for further assistance on this or any other legal matter.

Regards,

Roger Traversa

[email protected]

Arjont, Deschamps & Traversa

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Answered on 1/29/06, 11:52 pm


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