If he is no longer competent as ruled by the court, and your POA is active you can close down his credit account by contacting Experian, Transunion and Equifax and freezing the credit. NO ONE can then open a credit card in his name. You will have to present your POA papers to the companies.
This is dicey in that this isn't dementia. This is mental illness. And the law doesn't take the ability to make their own decisions away from those with mental illness.
If his name is on the card only, you are not responsible for the debt, I think. Make sure that he has not listed you as co-owner or authorized holder (in this case I think he is responsible for any charges you make)
I have never heard of a store issuing a credit card on the spot. Usually, I am offered a discount if I apply for a card. When the application is approved, I get a card in the mail and need to activate it before it can be used.
Do you have POA, you maybe able to freeze his credit. I would consult with a lawyer to see how you can protect yourself. I would shred any unneeded cards.
If you're not joint on the card app then its not your debt. Make sure he isn't connecting automatic card payments to any jointly held bank accounts. Talk to a lawyer about how to completely separate your credit from his.
You give him a pre-loaded cc with a limited amount on it.
I feel you have two issues here. The first issue is his access to a car and ability to drive wherever he would like to go. Is there a way for you to take away his license and prevent him from driving? I know that you can install a hidden switch in the glove compartment such that it will prevent the starting system in the car from activating, which will prevent him from driving the car. Are you able to rope in a family member to help you with preventing him from driving?
Please pardon my lack of knowledge but what is a DPA? In other words, are you his financial power of attorney? If you are his financial power of attorney, then I believe you would have the right to cancel these credit cards.
We created an email for my mom and locked each of the 3 credit bureau accounts. Experian TransUnion and ? (Cannot remember). It is free and it works. We know it works because we locked our accounts too and forgot when we purchased a car. Had to unlock to get the approval! We are DPOA and representative. She does not have access to the email and we didn’t tell her.
FREEZE his credit through Equifax, Experian, and TransUnion. Also, you can take his car keys away, disable the car, tell him that he has no more insurance for driving the car - this is what I told my daddy when he wanted to drive. In my daddys long term memory he knew he could not drive without insurance - oh he was pissed when I told him this and I was the worst person in the world but I knew it was best for me to be the worst person in the world and he couldn't hurt anyone by driving. Blessings to you because this is hard!
If he has severe mental illness, how is he allowed to drive? Doesn't DMV revoke a person's license with diagnosed mental illness?
Good advice here.
* Replace his car key with another one (if he won't notice-?) Or take his car keys away ("he lost them")
* Take a part out of. the car so it won't start
* Take his DL out of his wallet so he won't have it when (if) he tries to open another account. When / if he mentions it to you, say "Oh, you probably left it at a store." Make sure that the DMV won't replace it. (I don't know if this is enough for a store to deny a cr card - worth a try if nothing else works. - Although if he has an accident, you want him to have some ID. Get him a metal ID to wear around his neck or keep in his wallet. I know people with motorcycles get these as they are strong enough to survive strong elements (should they have an accident).
Perhaps also try asking MD for medication to 'slow him down.'
I don't know if you have any legal 'rights' to keep him from going out-side, alone. Perhaps ask an attorney.
Do you have legal authority over finances? You need to get all that in order ASAP. Require two signatures for any / all financial transactions, even applying for a credit card (if that is possible).
The problem is his bad decisions affect his wife. She needs to protect her financial situation so I believe OP is thoroughly justified to take any action to protect the finances in view of her husbands mental issues.
You say you are his POA. However, courts are loathe to take a citizen's rights from him and often will not with a mentally ill person because they are usually stable and able to manage their money on their own once medicated.
You would likely in this case have to take over finances completely, giving only an allowance to the husband. This means guardianship.
I would see an attorney. If you cannot FREEZE CREDIT (which as payee and as ACTING POA you could) you cannot stop credit cards. Freezing credit means that he will not be able to do any credit actions every again, essentially.
Again, do see an attorney. Your POA pays for expert advice when required.
His credit card bills must be getting paid on time and in full if he can keep opening new credit cards.
I had a dispute with a store credit card about 25 years ago and I cannot get a store credit card. I have every other major credit card, but a store one, no dice.
If one of these cards does not get paid, he will never be able to get another store one.
This is dicey in that this isn't dementia. This is mental illness. And the law doesn't take the ability to make their own decisions away from those with mental illness.
I have never heard of a store issuing a credit card on the spot. Usually, I am offered a discount if I apply for a card. When the application is approved, I get a card in the mail and need to activate it before it can be used.
Do you have POA, you maybe able to freeze his credit.
I would consult with a lawyer to see how you can protect yourself. I would shred any unneeded cards.
You give him a pre-loaded cc with a limited amount on it.
I feel you have two issues here. The first issue is his access to a car and ability to drive wherever he would like to go. Is there a way for you to take away his license and prevent him from driving? I know that you can install a hidden switch in the glove compartment such that it will prevent the starting system in the car from activating, which will prevent him from driving the car. Are you able to rope in a family member to help you with preventing him from driving?
Please pardon my lack of knowledge but what is a DPA? In other words, are you his financial power of attorney? If you are his financial power of attorney, then I believe you would have the right to cancel these credit cards.
Doesn't DMV revoke a person's license with diagnosed mental illness?
Good advice here.
* Replace his car key with another one (if he won't notice-?) Or take his car keys away ("he lost them")
* Take a part out of. the car so it won't start
* Take his DL out of his wallet so he won't have it when (if) he tries to open another account. When / if he mentions it to you, say "Oh, you probably left it at a store." Make sure that the DMV won't replace it. (I don't know if this is enough for a store to deny a cr card - worth a try if nothing else works.
- Although if he has an accident, you want him to have some ID. Get him a metal ID to wear around his neck or keep in his wallet. I know people with motorcycles get these as they are strong enough to survive strong elements (should they have an accident).
Perhaps also try asking MD for medication to 'slow him down.'
I don't know if you have any legal 'rights' to keep him from going out-side, alone.
Perhaps ask an attorney.
Do you have legal authority over finances? You need to get all that in order ASAP. Require two signatures for any / all financial transactions, even applying for a credit card (if that is possible).
Gena / Touch Matter
Disable his car so he cannot drive it.
It must feel like the taps are being turned on all around the house & you are left to run around turning them off & mopping up.
You want to STOP them from being turned on, right?
A block/freeze on credit rating may work against credit applications & hiding/losing car keys may work for a time.
Is it legal to curtail his freedoms in these ways? Is it moral? Just? Sensible & safer for you or the community?
I feel like this is a much wider issue..
Freedom of choice issue?
How to stop someone using bad judgement??
Autonony vs capacity?
Freedom vs supervision?
However, courts are loathe to take a citizen's rights from him and often will not with a mentally ill person because they are usually stable and able to manage their money on their own once medicated.
You would likely in this case have to take over finances completely, giving only an allowance to the husband. This means guardianship.
I would see an attorney. If you cannot FREEZE CREDIT (which as payee and as ACTING POA you could) you cannot stop credit cards. Freezing credit means that he will not be able to do any credit actions every again, essentially.
Again, do see an attorney. Your POA pays for expert advice when required.
I had a dispute with a store credit card about 25 years ago and I cannot get a store credit card. I have every other major credit card, but a store one, no dice.
If one of these cards does not get paid, he will never be able to get another store one.