Legal Question in Civil Rights Law in Pennsylvania

My father was in a nursing home. He wanted to come live with me. I told him I would need $10,000 to completely gut and redo a room and add duct for heating and cooling. He lived with me for 2 1/4 years but recently been getting angry and causing stress in the house. I have a 4 year old and a pregnant wife. He was committed to the crisis section of the hospital and diagnosed with bipolar disorder. I can't have him come back due to my wife's fear of him and his angry manias. His case worker said I can be sued for the $10,000 of I don't let him come back to my house. Is this true?


Asked on 1/19/16, 7:42 pm

1 Answer from Attorneys

ANDREA G. TILLIS Law Offices of Andrea G. Tillis

Unfortunately, the answer is, "yes" , you would have to return at least part of the $10,000 because it was not an outright gift to you. Your father' gift of $10,000 was contingent upon your using the money to redo a room in your house that would be occupied by your father and would be for his use only.

The best that you could hope for is that you would be given credit for the time that your father actually did stay with you, but the balance would have to be returned to your father. The actual amounts would have to be calculated by an actuary who would base his/her calculations on actuarial tables of how many years your father would be expected to live and spread the $10,000 over that period of time to determine exactly what amount would have to be returned to your father.

Kindest regards,

ANDREA G. TILLIS

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Answered on 1/20/16, 1:33 am


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