How to handle financial transactions with person with cognitive decline?

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We have our house for sale and it is in both my husband and my names. My husband has many financial problems and debt. It is impossible to have a logical conversation re the sale of the house and the proceeds. I have been paying all the household expenses and also the Real Estate taxes which are quite high. I think we will have to split the proceeds from the sale into two separate accounts. I also think I should be reimbursed for at least half of the real estate taxes I have paid. How do I have a conversation with someone who can't follow logic? Legally am I responsible for him?

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JoAnn29, you are right. There are differences between a POA and a Durable POA, but both would suffice provided they had the right provisions in them.
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only in a community property state are spouses automatically responsible for each other's debts; it's clearly understood that I'm not responsible for my husband's debt, which is quite much, thankfully, because at this point even selling our house wouldn't cover it, and even though it's in both our names, I'm not even responsible for the mortgage on it, because it's not in my name, but he couldn't sell it out from under me either, should he decide he needed to in order to cover "his" debts or refi it without my knowledge or consent, which is a bone of contention for him, but is for my protection, so maybe that's the way she's looking at it, not necessarily from divorce perspective but just simply from protection
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It sounds to me like you're divorcing since you wanted to be reimbursed for half of the real estate taxes.
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you can't "get" a POA; it has to be given, is maybe why she doesn't already have it; maybe he wouldn't give it to her, like in the situation with hub's aunt and uncle; uncle wouldn't give aunt POA
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Hire an estate atty.
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A durable POA gives you full power. I can sell and even buy in my Moms name. There is a temporary used for one transaction.
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A durable power of attorney is not adequate - you need a full power of attorney to sign a deed. A deed in both names must be signed by both owners, so you need a POA for that. The POA is no good upon the death of the party, so it does not allow for post death transactions. The advice to do the funeral planning and fund it before death was excellent advice. You will need to do an irrevocable funeral plan otherwise Medicaid will consider it an asset and can make you cash it in.
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Garden Artist Give a Hug, yes, a POA can be effective before or after incompetence, or both. I was trying to let people know that they have the option of limiting when someone else can handle their affairs to only after they are no longer competent. Thanks for pointing out that what I said needed clarification. Also, someone can cancel a POA by putting it in writing that they are cancelling.
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Are u divorcing? As a married couple you are as responsible for the debts either of you have. The creditors don't look at that you split your bills or have separate bank accts. If it was reversed, he'd be responsible for ur bills. I agree, u need a lawyer. You need tp protect yourself for the future.
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I was lucky with mom as her lawyer said when I called that she [the lawyer] was enacting the POA as of the minute we were talking - the drs about a week later told me mom had moderate bordering high not low dementia - they can fool you because you are used to them & it is very slow to progress - she even fool a family member who was a retired dr who saw her nearly daily

her POA papers said that POA would get no compensation - when I talk to lawyer I asked about this because back up is a bank & they wouldn't do that without $$$ [& it was noted that possible POAs had agreed to this ... no] - lawyer said that should not have been in the POA papers [lawyer admitted that was her mistake & I copied & kept that correspondence of my emails with her .... when in doubt copy it] - I was to keep track of my time for 2 months then at minimum wage & take a certain % of mom's net worth - when I did that it was about the same - the lawyer was happy with amount involved for my compensation [kept that too]

For a while I was reluctant to take that $$ but I realized that after nearly 2 years mom was worth more than when I took over despite all those thousands of dollars spent on her care + 2 new wheelchairs + doing final funeral expenses - she had not been doing anything about finances except when [we would regularly talk about our stocks] shortly after I bought something she would - she used a 'discount' broker which only follows your instructions - make sure that if your loved one uses this type to get them into a full broker who will give notifications & advice

About final funeral plans - the bank is executor of her will - the man who will be in charge strongly urged me to do this while I'm POA because if mom died on a Fri evening of a long weekend we would have no power to deal with funeral home but because my POA dies with her - so all her children got together to do this without the trauma of a recent death making everyone behave at their worst - I also write a overview every 18 months or so & copy the bank - mom left $$ to a girl who she 'fostered' through one of those charities & my sister took on the job of tracking her down in Haiti after that massive earthquake but this girl couldn't be found [better sooner than later] so we all said that money goes to Haitian relief & bank is okay with this - NOTE THIS DOES NOT HOLD UP MOM'S ESTATE FOR YEARS LOOKING FOR HER

FYI - my dad has in his POA document that 2 drs must declare him incompetent before it can be enacted

BEST ADVICE I GOT - buy a multi subject school book and another plane book - take 1 'subject' each of medical, financial, contact numbers [subdivided into family, gov't, care, drs/eye/teeth/meds on different pages] + anything else pertenant - use the 'plane' book [or one of 'subjects' but you can run out of space] for a log of times you speak to anyone taking care of your loved one at least in the initial year or so until things quite down a lot - get everyone's full name/employee number [not just 'Mary'], time of start of call & end, date & quick note on discussion - many times having that "John Jones on 6 Sept at 1140 told me this.... why is it different now?" resulted in a later further explanation/exploration to my favour
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