Follow
Share

She has had lung CA for 4 yrs. She came to sons 4 months ago; was 20,000 in debt with credit cards. Used paid for house to get equity line to pay off debts. Discussed in detail with her about finances and budgeting and not being able to use cards any longer; she appeared to understand. Was hospitalized recently, big scare for fam. Realized that she had opened more cards, and was $3,000 farther in debt in 4 months time! She is doing well as far as CA is concerned, and she can do for herself as far as personal care. Doc says no driving or staying alone. If she passes driving test and get fall alert, she can be independent but that means that she can begin spending again and we are terrified about the consequences. She has an addiction to spending and hoarding. My husband has POA. Is there ANY way to flag her credit to prevent anymore companies from giving her cards! She is stubborn, says she will get more cards or do w/o meds to spend like she wants! after bills and meds, not much left

This question has been closed for answers. Ask a New Question.
Find Care & Housing
You should seek the advice of an attorney. You can have her declared incompetent to handle her finances and get a conservatorship for her which would put you (or your husband) in total charge of her money and finances and takes all responsibility away from her. I do not know if you would also have to get legal guardianship over her, but if you do I believe that guardianship would make you legally responsible for her and everything she does, which means you would also be liable. As I am sure you are aware, excessive spending and hoarding is symptomatic of a much deeper problem. Would she agree to seeing a professional about this?
Helpful Answer (1)
Report

I dont know-- unless you can get a doctor to say that she has deminished capacity I dont think there is much that you can do. There are different kinds of POA and most of them kick in when she is incapacitated so until you reach that point there is not much that you can do. I have brothers and sisters that are in the same boat but there is nothing I can do about it. The hoarding and shopping are a sickness but Is someone incapacitated if they know that it is wrong but do it anyway? Maybe since she has terminal cancer -- this is her last hurahh. She wants to be happy and maybe this makes her happy. I really dont know if controlling my finances would be my number one priority If I had terminal cancer either. I also think that you will not be stuck with the bills because you have power or attorney. I know that it is hard to watch someone ruin themselves but If you cannot talk them out of it and cannot prove that they are incompetent I dont that that there is anything that you can do. Maybe you can get her to a support group for terminal cancer patients. They have been there. I know that my caregiver support group helps me through alot of problems because they understand what is going on.
Helpful Answer (1)
Report

Why does a 70 year-old need a POA for financial and medical reasons?
Is she cognizant? Or, is she so disabled that she cannot think?
If the above does not apply, then she is capable of making decisions in her own name. All you can do is talk with her and explain that carrying debt is not wise. I would purchase credit card insurance ( small fee) in the event that she passes and leaves a large debt. Just like anyone else, she has the right to spend at will and suffer the consequences.
N1K2R3
p.s. Why are YOU paying her bills?
Helpful Answer (0)
Report

My concern would be what kind of plan you have for her as she ages. Will she live with you till she dies? If the day comes and she needs a nursing home, she may qualify for a Medicaid home but generally most of them are not as nice as non-Medicaid Only homes. If she has enough money to be self-pay for a few years, she probably can choose a good nursing home that will keep her till her money runs out and then Medicaid kicks in. I'm just speaking from my experience with my mom who is self pay for a very nice assisted living facility for about 2 years and when her money runs out they will subsidize her until she needs nursing home care and then they will help her apply for Medicaid while still staying on the same campus as the assisted living facility. I know it sounds selfish but I can't have mom living with us b/c I work and my husband just retired and doesn't want to be her care-giver, plus we have other responsibilities.
If your mother-in-law can understand how important it is for her to stay out of debt, it would be helpful. but, if she isn't able to b/c of mental/emotional problems and that's why you have POA, I would notify all of her credit card companies that she isn't competent and to not issue cards to her. If applications for more cards come to the house, tear them up before she gets them.
Helpful Answer (0)
Report

The only way you can fully take over her financial affairs and take away her rights is to have her declared incompetent. Speak with an attorney about making sure her bad decisions don't come back on you.
Helpful Answer (0)
Report

Thanks for some of the advise to my previously asked question. I will try to clarify some aspects of our situation. As I said, she has lung cancer which for the most part isn't curable, only treatable to extend life. She recently was hospitalized, during that time she became neurologically compromised and didn't know who she was or where she was. Its too complicated to explain, but it really woke the family up to fact that we needed a durable power of attorney in order to handle her affairs. When she came out of this mental state and her faculties had returned to normal, we met with a notary public and had the POA signed. WE didn't pay off her bills; she borrowed against her house which was paid for free and clear, to bring her monthly bills within a manageable amount. She has NO savings and lives on $1,500 a month social security income. The very sad part is that when her husband died 6 years ago, she received monies from insurance, CDs and other sources which totaled over $125,000. Her sons tried to stay out of her business and let her manage her own affairs, but that was a mistake. She spent all of that money, plus added $20,000 in debt; when she came to the boys in March, this was her plight. She acquired the home equity loan, got her bills paid off, set up a budget and we explained to her how things would have to change in order for her to remain independent and in charge of her own money. While she was in the hospital last month, they discovered that she had not adhered to budget, had opened more cards and was an additional $3,000 in debt. I know some look at this like N1K2R3 and say she has a right to spend what she wants, but when you care about someone, why would you let them ruin themselves like that? Why would you sit idly by and do nothing? She was given a chance to prove she could manage, but she couldn't. She has reached the point this year of being in the "gap" with Medicare and her medications; she now has to pay full price for meds. With monthly bills and now medicine, the children will most likely have to make sure she has groceries and necessities. It makes the family angry that she has squandered her money. She is so stubborn that when we explained to her she didn't have much money left over after monthly bills and meds, she said she didn't care, she was going to have money to spend! We asked her was she going to do without her meds in order to spend money and she said she would if she had to. We have already been checking her mail and discarding card offers and catalogs, but we don't know how to stop her from accepting them once she can stay alone. Her house was like something you see on tv, the hoarding show. Years of spending, money just thrown away. I do think she need psychological counseling. We DO want her to be independent, but not at the expense of losing everything she has, which isnt much. It's not about inheritence either; when she passes and her property is sold, it will take most of that money to pay off her debts. Everybody realizes this and expects nothing when she passes. Thanks to those who responded with compassion; caring for a parent is a HARD row to hoe and brings out the worst in families that are good!
Helpful Answer (0)
Report

Yes, your husband may call all credit bureaus and request to freeze her credit. You may call in a professional(intervention if you will) to help with the hoarding. Then have a garage sale......
Helpful Answer (0)
Report

You should run this by a lawyer to make sure her spending habit will not be your debt a parents debt should not be handed down to the children but some credit card companies will try to scare the devil out of you esp. if she has an estate they will try everything to get their money -now that they have to follow some rules they will do what they can. If it was me and I wished I had in hindsight call the credit card companies and tell them to cut off her credit.
Helpful Answer (0)
Report

i feel for you my mother has same problemi, her excuse is i love fashion. i never get out to shop! so she calls QVC and HSN and
all the packages come so every week or so i take all to post office and send back i have the same conversation with her day after day she never gets it. if i ask her did you order anything ?she just lies to me and sees nothing wrong wth that
every body lies she says not much you can do as long as your mother in law can say her name and have a normal conversation the law is behind her and i did not want to go to court to fight her . so i finally talked her into assisted living she has friends now i see her twice a week and she seems content
and im not so stressed ,so there is a answer every one is different you just have to keep looking for hers , your not alone..god bless
Helpful Answer (0)
Report

I'm in kind of the same situation and we found it helpful to get her mail all directed to our home and gave her a Pre-paid debit card with a certain amount each month. Reduced the risk of further debt. It'd hard when they've become uncooperative, my prayers are with you!
Helpful Answer (0)
Report

See All Answers
This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter