In Bizzare Case Before PA Supreme Court, Beneficiaries Sue the Register of Wills

Consider the case of Andre Leonti, a man who died Fayette County PA without a will. The hospital refused to release his body to his lifelong  friend, Cheryl Keefer, until she produced evidence of her authority to administer his estate. She had no luck with the Fayette County Register of Wills, who would not appoint her administrator because she could not establish that she was next of kin. So she next petitioned to the Orphans Court to be appointed administrator of the estate so she could arrange a funeral and burial for her friend, and use money from his estate to pay for the service. Although Cheryl held a power of attorney for Mr. Leonti, that expired upon his death. The court ordered the Register of Wills to appoint her administrator of the Andre’s estate and ordered the hospital to release the body to her for burial. Andre’s estate was worth about $ 242,000.  Normally the Register of Wills would require Ms. Keefer to post a bond before administering the estate, but the court order did not mention any bond requirements.

 As often happens, a distant cousin of the decedent living in Texas became aware of his possible inheritance, so he sought to have Cheryl Keefer removed as administrator and the estate, and he appointed in her place. Ms. Keefer not only refused to turn over the assets, but she also disappeared. Undaunted by this setback, the distant cousin sued the Register of Wills for failing to obtain the bond. 

Normally a government employee is exempt from suit under the doctrine of “governmental immunity,” and the Register of Wills of Fayette County thought so, too. The Pennsylvania Supreme Court held otherwise and stated that the Register of Wills of Fayette County might be liable because of a special Pennsylvania statute governing when the Register of Wills must require a bond, and they sent the case back down to the lower court for more fact finding. 

If you are appointed to administer an estate, do you need to obtain a bond? Would you qualify for a bond? Most wills contain a boilerplate provision stating the executor (also known as the “personal representative”) need not file a bond.  It is there because of  a Pennsylvania Law, similar to the laws of other states,which direct the Register of Wills to obtain a bond from a personal representative, unless waived in the will. The law, contained in Title 20 Pa. C.S.A. Section 3171 to 3175,  is too complicated to discuss in detail, but in most cases, an out of state personal representative must obtain a bond before they can administer an estate. Since they will control the checkbook, and have access to all of the funds of the estate, the bond is intended to secure faithful performance of their duties.  A bond can usually be obtained from an insurance company and most attorneys who do estate work, such as our firm, have access to companies who issue bonds. 

The case brings up a more fundamental question for anyone who drafts a will. Should you require that the representative obtain a bond? It is not impossible to purchase a bond, and it may protect your heirs. It would be pointless if the person you appoint as your personal representative is also your sole beneficiary, but it would make sense if your personal representative is a personal friend, yet not an heir of your estate. 

Without a will, there is no choice in the decision at all, and the laws stated above control. Was Cheryl Keefer a close friend of the decedent who was shortchanged because the decedent did not leave a will? She was appointed his agent under his power of attorney, and she seemed to be the only person interested in arranging decedent’s funeral, since his relatives only stepped forward when they found there was money to be claimed. Or, was she a neighbor who saw an opportunity to convince the decedent to appoint her agent under his power of attorney, and later pocket the decedent’s money by opening up an estate in his name and getting appointed administrator? We do not know enough to decide either wasy, but the case illustrates the importance of having a will.  

Have you ever had experience with getting a bond? If so, comment below.

Stay will until the next post.

Bob Gasparro

Pennsylvania Case May Provide Refund of Medical Record Overcharges Paid Prior to 2012

Most consumers do not realize that if they want copies of their medical records from their physician, or from a hospital, they must pay. This usually becomes an issue when a senior is switching from their former physician to a gerontologist , but it may also become an issue if they change physicians or even dentists because they obtained new medical insurance.

It also frequently becomes an issue if an agent under an advance medical directive or power of attorney wants to obtain a second opinion about medical care, and needs the medical records to do that. 

There is a Pennsylvania law that places a ceiling on what health care providers or health care facilities can charge you for those medical records, and the amount is annually adjusted by the Pennsylvania Department of Health to account for inflation. As of this writing the costs may not exceed $1.44 per page for the first 20 pages. Then $1.06 for pages 21-60, and 35 cents per page for any remaining pages. The cost for microfilm copies is $2.12 per page. There may be a higher charge to copy x-rays. Postage and shipping charges can be added to that amount. In some cases a “search and retrieval” fee of $21.33 may also be added. 

There are some exceptions to the rule, of interest to consumers. If you are using the records to support a claim for Social Security or any other Federal or State financial needs based program, including Medicaid, the total fee may not exceed $27.02. 

Prior to 2012, it was typical for a health care provider or facility to charge that maximum amount for the records, and providing medical records became a separate profit center in addition to providing medical care. However, in 2012 a provision was added to the law (42 Pa. C.S.  §§6152 and 6155 ) stating a provider could only charge the actual costs of producing the records, and could not automatically charge the maximum permitted under the law. 

But what about those people who were over-charged before the change in the law in 2012? A class action case is currently making it’s way through the Pennsylvania courts (Wayne M. Chiurazzi Law v. MRO,) to try to obtain a refund for consumers. Since the case involves so much money, the journey through the courts is going very slow. Just last June 24^th the Pennsylvania Supreme Court decided a motion on behalf of the consumers and stated the case could go forward. It still must be decided if the case can go forward as a class action case, or whether individuals who were over charged have to bring separate claims. And finally the case will go to trial. 

I will keep readers posted as the case makes it’s way through the courts. If the case is permitted to proceed as a class action case, it is likely people who overpaid will be notified by the court about their rights to a refund.

 Stay well until the next post.

Bob Gasparro

Local Programs Designed to Reduce Falls in Older Adults

      Most anyone involved with seniors understands the significance and implications of falls in older adults. According to the Pennsylvania Department of aging, falls are the most common cause of injury in older adults. One out of three people over age 65 will fall at least once a year, and most falls occur in people's own homes while performing regular daily activities. Half of those who break a hip after a fall do not fully recover, and almost half of those who enter a nursing home do so because of a fall.

      The Pennsylvania Department of Aging, in partnership with the University of California at Berkeley, developed a program to help adults 50 years of age and older learn how to stay active, make their home safer, manage medications, improve nutrition and learn about other resources to reduce the risks for falls. The program, called "Healthy Steps in Motion,"consists of two, 2 hour sessions, and participants receive a booklet as part of the program. More information can be obtained at the program's web site here. An excerpt from the class booklet can be found here.

     The program is open to any of the 4.5 million Pennsylvanians over the age of 50. A University of Pittsburgh Graduate School of Public Health study conducted in 2010 and 2011 among nearly 2,000 elderly residents, discovered that the program reduced falls in elderly persons by 17 percent.

   To enroll in this valuable program, contact the local  Area Agency on Aging for the program site nearest to you. New Horizons Senior Center in Narberth is one of our local senior centers that hosts the program.

     For those interested in continuing the effort to reduce falls, nearly every local senior center has a weekly exercise program. The program at the New Horizons Senior Center in Narberth PA is called, appropriately, "Healthy Steps in Motion."  The class takes place at 10:30 AM on Mondays, and 12:45 PM on Thursdays. The cost is only $1 a session for Members, $2 a session for Non-Members.  Stop by 100 Conway Avenue, 2nd Floor, Narberth, for more information, or call 610 664-2366.

I had an opportunity to attend and participate in the Healthy Steps class, and speak with the instructor, Agnes Palena, of Ardmore PA. The idea behind the class is to gradually improve strength and health through simple movement exercises, and also to meet neighbors and socialize at least once a week. Participants are not required to complete every exercise. For example, I was able to complete some exercises with a 3 pound weight on my arm or leg, but many of my classmates forgo the idea of using a weight at all. The age of my classmates ranged from 55 to 95, and although our physical abilities differed, everyone was having a good time.  Below are some photos from my visit last week. Thanks to my classmates who helped me in my first class, and who also volunteered for pictures.

Stay well until the next post.

Bob Gasparro

 

 The New Horizons Senior Center is temporarily housed at the Narberth Firehouse. The location is 100 Conway Ave,  2nd floor, Narberth Pa.

 Here, the program director Agnes Palena (in red), is directing the class. To her right, Dot Foster and Betty Latini, both of Ardmore PA follow her lead. Can you guess which of these pupils is 95 years of age? I won't tell.

 Some exercises were simple, such as a march around the chairs. But then we had to do the same exercise walking backward (not as simple).

As you can see, some of the class wore weights on their arm or leg while conducting the strengthening exercises. However, both the size of the weight and the use of any weight at all is optional.

Rosie's Senor Jamboree in Ardmore PA - a Non-Financial Legacy

Most of the clients in our elder law practice draft a will reciting a series of bequests to family and friends. Eventually the senior passes away, the estate winds through probate, the family receives the inheritance, and it is spent within four years.

 A few friends and clients come up with innovative ideas similar to Rosie's Senior Jamboree in Ardmore, PA. A gentleman of modest means, who frequently played tennis in FDR Park in Philadelphia, serves as an example. Although he didn't have much money, he dreamed up the idea of leaving a few thousand dollars so his friends could have a tennis outing in his name after he was gone. The idea was an instant hit, and like Rosie's Senior Jamboree in Ardmore, it grew over the years. The gentleman's family helped by preparing food for the outing. His friends helped organize a "round robin" tennis tournament so players of every ability could participate. People not only donated food and helped set up and organize the event, but some even donated live entertainment! Everyone paid a modest amount to play in the tournament and attend the picnic, but the money was used to maintain and modernize the tennis courts in FDR park.The outing in his name became a tradition- a day of fun that went from dawn to dusk.

As a volunteer in the Professional Advisors' Network of the Philadelphia Foundation, a non profit "community chest," I have an opportunity to witness innovative approaches for leaving a legacy for charitable purposes. The wealthy among us might have a building at a college or university named after them, but almost anyone can establish a scholarship fund in their name. One friend from Conshohocken established his own private foundation to educate children living in his native country, India.

The notion of leaving a legacy in your name does not always involve a lot of money. Anyone with devotion and energy can invent and maintain an event like Rosie's Senior Jamboree in Ardmore. The jamboree is now in it's thirty fifth year, and the last one was on July 16th, 2014. Rosie Riley, a Lower Merion Dept. of Parks and Recreation employee, started the idea of a Senior Jamboree by having children in the park make colored place mats and fans for the local seniors. She brainstormed with others, and the event grew to include food, then entertainment. When this year's event took place last week, it was a day of free entertainment and food provided to seniors, and sponsored by several area businesses and volunteers. There were information booths, visits by local elected officials, and Rosie's friends and relatives also volunteered. Some photos of the event follow. A good time was had by all who attended.

Can you think of a non traditional legacy that you would want to leave in your name? If so, you might start planning today.

Stay well until the next post.

Bob Gasparro

Dozens of seniors filled the park to enjoy a picnic.

Tables filled with deserts supplied by local businesses and Elder Net.

Representatives from Tim Brigg's Office.

Representatives from Daylin Leach's Office.

Members of Narberth Ambulance were present, but just to enjoy the picnic.

Dozens of volunteers served seniors.

Schedule of entertainment posted.

Lower Merion Commissioner V. Scott Zelov appeared on the main stage, to welcome guests.

Beneath a shade tree, blood Pressure Screening by Bryn Mawr Hospital.

Representative Greg Vitali appeared in person to meet, and speak to his constituents.