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I want to be my 89 year old moms POA but have financial problems. I have a few judgements totaling 15,000 $ against me and even though my children are 32, 35, and 40, I still owe back child support which consists of mostly monthly interest from years ago that I was unaware of until the amount became to outrageous to pay. I'm 64 and retired. As POA on my moms account, can they seize her money for my bills? If I'm my moms POA can they take her money for my debts?
Thanks
Joe

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You got it in a nut shell. I'm trying to make a deal and settle for a reasonable amount minus the many years of intersest. I have no idea what amount that is so I can't counter their offer. The arrears are at 88,000 and building at over 300 per month in interest. Their offer was to pay 80,000 before I mentioned all the interest and since then they haven't returned my calls or letters.
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ptrsnake13,

I'm going to help the flow of this conversation stay on the thread by bringing things in that have been posted on the repeat thread and two wall posts. Let me know if I miss anything or get it out of order.

1. You want to be your 89 year old mom's POA.

2 You are 64 and retired.

3. You want to be your mom's POA because your younger brother is her POA and he is not using her money correctly.

4. You got in this financial mess because your ex moved out of state from NY to Montana and you were not aware of the support order for 10 years. You were also not aware that she was collecting welfare that you must reimburse.

At the same time she was collecting and you were unknowingly charged, you were paying child support for your three daughters voluntarily, but Montana didn't know and doesn't care. So, basically you have been charged support in two states and have spent 10s of thousands of dollars to fix this to no avail.

When you found out, you were $50,000 in debt and thus the judgments. %50 of this debt is from the interest built up since the payments ceased for your kids 14, 17, 19 years ago.

The judgments total $15,000. Your three daughters are now 32, 35, 40.
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Did I miss anything?
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igloo you're not being mean, just not reading before you answer. My crime was not paying child support in another state which I knew nothing of. All the while, I paid child support voluntarily in our home state so they want me to pay in both with neither one caring I already paid in NYS. There are no time limits, bankruptcies etc., to take this off your name. And my drivers license and occupational license were . This had nothing to do with my fiduciary abilities which have been AAA my whole life aside from this fiasco
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This is a state debt for you isn't it? Your name & SS are in the system for being in arrears and then with a judgement atop it, right? Judgements means all sorts of court filings and orders to appear were done, etc. Not once but for 3 kids. So what does your state allow? - bank account seizure, jail, wages seized, removal of drivers license? Is there a statute of limitations and when does that happen?

Is the interest is still accruing? You have other in collection debts too?

Whatever the answers, it would be hard pressed for anyone cognitive and competent to appoint you as POA. I'm not being mean on all this, but it is obvious that you do not have good fiduciary ability, which is required of POA. Its not like you made a math mistake or forgot to put a stamp on a payment.

My goodness what about mom if you get hauled off to the pokey? or a creditor seized her account?

Is there another family member - sibling, niece, - who has a more sterling background who can become the POA?

If there has been any commingling of mom's funds with yours, creditors can go after her account. If the bank gets a inquiry letter from the state regarding mom's account and your activity on it, they are gonna freeze the account till everything is clear as to who's funds. For mom;s sake, remove yourself from all this and wait till the statute of limitations is over and everybody who could is now time-barred before you become her POA or work something out with the court if you can - like community service - to pay off the debt for your own future's sake.
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If you mean you want to be her court appointed Guardian, there is no Judge on planet Earth who would appoint someone with your track record, sorry.
I seriously doubt that you mom would appoint you, and I would question her mental capacity if she did.
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Unless your name is jointly on your mother's accounts as co-owner, they cannot touch your mother's money.

How do you owe child support for grown children who are 25, 32, and 49? Are we talking about from when they were children? How did you not know that you owed that back then? What do you mean by that you owe is 50%? 50% of what, your current income?

Do you have any siblings? If so, do any of them know how bad off you are financially? If they did, they may think someone else needs to be your mother's POA. Does your mother know about your financial problems?
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As POA you are charged with administering your mom's assets, you are her "attorney". As long as you don't do something stupid like putting her assets in your name they are totally separate from you and your debts. I have to wonder though given your own financial mess if you are capable of making wise decisions with mom's money.
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