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A few weeks ago, Wynnewood PA geriatric care manager, Mimsye Katz posted in her Linkedin feed about an article appearing in the New York Post and New York Times. It explained how “Guardians can sell the assets and control the lives of senior citizens without their consent—and reap a profit from it.”  [click the link to the full article]. Shortly thereafter, the article was also cited and discussed in an ABA-sponsored user group of solo practitioner attorneys. The consensus of the Pennsylvania lawyers who participated in the discussion was that it might happen in other states, but it could never in Pennsylvania.

The next day, reading up on Pennsylvania cases, I saw the case of  Estate of Phillips, Court of Common Pleas of Philadelphia, decided on Aug 28, 2017 (PICS Case 17-1419). Apparently, the Philadelphia Corporation on Aging tried to invoke a guardianship on an unwilling senior who already had people caring for her under her Power of Attorney. The court, in its decision, said…”Where a petitioner for guardianship relied on hearsay evidence, the family of the respondent was providing her with care, and the respondent herself testified lucidly about not wanting or needing a guardianship, the court properly denied the petition for guardianship brought by Philadelphia Corporation of Aging.” It seems that the witnesses brought by PCA relied on hearsay about Ms. Phillips medical condition, but never obtained or reviewed her medical records. Based on Ms. Phillips detailed testimony and her family’s willingness to care for her, the court held the petition for guardianship brought by Philadelphia Corporation of Aging should be denied.

I recognize that some of my readers may have been involved in that case and that courts sometimes report an opinion in a way that makes them look good. If any readers have additional information about the case, please add it in the comment section.

Assuming the worse, is there any way to prevent something like this? We draft plenty of Power of Attorney forms in our office, and we always suggest that the agent keep a copybook or journal listing all of the events and tasks performed for the senior. This way, if any outside agency or third party makes an accusation that the agent is neglecting or stealing from the senior, there is some proof and documentation of what they did. Any agent acting under a Power of Attorney for a senior may want to follow suit, so they are not “fired” and replaced by a guardian.

I intend this to be a conversation, so if you have anything to add, please comment below!

Bob Gasparro,Esq.

Be careful how you do this… Last Thanksgiving I was sitting in the living room after dinner and watching the football game, when I said to my family… “I never want to live in a vegetative state, dependent on some machine and fluids from a bottle. If that ever happens, just pull the plug.” My grandson got up, unplugged the TV, and threw out my beer.

On the other hand, this week is the perfect time to bring up the topic of Advance Medical Directives. If you’ve had your Medicare-sponsored “End of Life” discussion with your doctor then explain your choices to your family.

Unfortunately, a recent study revealed that most hospice workers and other folks do not have an Advance Medical Directive. Now it the time to draft it! I can refer you to three sites that can help you prepare the document:

First, the Five Wishes form offered by the “Aging with Dignity Foundation” is very popular and can be found here.

Second is the Pennsylvania Allegheny Bar Association which offers a free form, which can be found here:

Third, and I am partial toward this, is my firm’s video and form. The form we use is the one contained within the statute itself, and is nearly identical to the Allegheny Bar Association form, and has withstood the test of time. But in addition to that, we provide about an hour of video instruction for the principal, for the agent who must act for the person who drafted the form, and for any health care or hospice worker who must act according to the form. We tell them what their rights and duties are under the document. This course has already been presented to accountants and investment advisors and to attendees at senior centers. The price is $15. and it can be found here.

Many studies have been conducted about why people do not complete these forms. The primary reason is “never got around to it.” So why not get around to it this week?

Stay well until the next post.

Bob Gasparro

In Pennsylvania a citizen must be 18 years of age or older in order to draft an Advance Health Care Directive. Exceptions apply if the citizen is a high school graduate, married, or legally emancipated. But is that the most appropriate cutoff age for legal authority? Would it make you queasy to grant that power to someone twelve years of age? Well that’s exactly what some countries have done. In Australia, for example, anyone twelve years of age or older can draft an advance health care directive. See more here:

If you are serving as agent under an Advance Health Care Directive, you are no doubt bringing your principal for the annual flu shot. Research suggests that watching a light movie or other entertainment prior to the shot, may improve its benefit!

See this New York Times Article for more information.

To help address caregiver issues and to better respond to the needs of family caregivers, the Pennsylvania Department of Aging (PDA) partnered with the Pennsylvania Homecare Association (PHA) to distribute a new, helpful resource for caregivers. PHA, which represents more than 700 home health, hospice and homecare agencies across the state, developed a free 48-page guidebook, titled “Secrets No One Told You About Family Caregiving.” The guidebook features tips, tricks and helpful hints for caregivers caring for a loved one, including how to prepare your home for care, equipment that helps and ways to help make ends meet. This resource book is available to family caregivers and PHA member agencies to order and distribute in their communities.

More than 1.8 million Pennsylvanians are family caregivers. On a daily basis, these individuals work in conjunction with professional caregivers from homecare, home health and hospice agencies so that their loved ones can stay at home and have care provided safely and efficiently. Family caregiving is not an easy job, and this resource is designed to answer questions and offer advice about caregiving. To order the book or find out more about family caregiving, call 800-382-1211 ext. 21 or email yourpartner@pahomecare.org.