Follow
Share

I found out mom co-signed a car loan for a felon 6 months ago he defaulted. I have POA told her to not give him any money and not to sign anything without my approval. She did this without my approval and he knew I would not approve and convinced her to do it anyway. He is now back in jail on parole violations. Doesn't this constitute elderly abuse and can I file charges? And are the people who financed this liable as she is obvious that she is confused?

Find Care & Housing
If the dealership didn’t put your mom’s name on the car then let the perp get hung for it. It won’t go on your mom’s credit and your not liable if your or your mom’s name isn’t on it. I believe in karma. My mom and family also got taken but we lost everything be lucky it’s only a car. I’d check for more money missing. Call the credit card companies or EquaFax etc and check to see if he got any credit cards in your mom’s name if he got away with a car he’s probably found other ways to scam your mom you don’t know about. Go through everything with a fine tooth comb. These creeps are smart and they usually have partners that help them scam. Get an attorney right away and file charges also get a VAPO on him. Vulnerable adult protective order. This will spark APS. To do an investigation if they will. I find them lazy and they pass the buck to the next person but keep yourself involved and protect you. At least you have it on record that you tried to do something and that protects you. You are legally liable for mom’s financial situation. And if you don’t report things like this it can look bad on you. That’s the only thing that sucks about being POA they leave you liable and will do something. But if a creep comes along they get away with it. Get an attorney protect yourself. Report it and write everything down. As for the car it’s in his name. So let him get in trouble for stealing the car. As of POA document everything down to the penny and check your mom’s credit. This protects you from getting in trouble. At least you can do is report it with law so it’s on record you did. That also protects you. Watch mom more carefully. I’d get a VAPO on this guy he will be back if he got away with that they don’t stop until it’s all gone even having a VAPO. These creeps are brazen but at least your mom’s protected and he can be arrested if they catch him near your mom. Good luck. My family lost everything.
Helpful Answer (1)
Reply to DeniseMiller
Report

Yes you can, call APS and police. My mom gave everything she had to two men that moved in a befriended her. I put up with this for seven years because no one would help because she had saine mind seven years ago. They got her hooked on meth and other drugs. Her house finally got condemned and now I got five year Adult protective orders on them to stay away from my mom. That didn’t help much because they broke into the house and stole the rest of my family’s valuables. Now mom is in the hospital and we are in seek of care in an adult family home. In your case you have POA. That car lot might take the car back if not give it back. Striking your mom’s credit won’t show on your behalf. Or sell the car yourself. Call APS and file a report. I don’t know if they will do anything because they didn’t do anything for me all the years I called them, and still turn a blind eye. I don’t know why we even have APS and that’s the only place they tell people to contact if the elderly have been financially exploited. They need to change the laws and come down harder on APS. I find them a waste of tax payers money. We pay them to do nothing. Something has to change because elderly financial exploitation is the new 2000 century crime. We are hearing more and more about elderly getting taken for all they have by these creeps. And the elderly trust them 100 percent and families can’t tell them that their friend is bad and stealing from them. The elderly are lonely so that’s why these creeps pray on them. If it happens to anyone I suggest spending more time with your parent and if you have siblings get them involved before you lose it all like I did. Keep trying because they will do everything in their power to keep you away from your parents or parent. Don’t let them. The laws need to change. If you had power of attorney you might have a case but APS probably won’t do anything I suggest finding an attorney, yes it may cost or find a free attorney, at least talk to one usually your first consultation is free. Check more into your mom’s finances he’s probably gotten away with more than I car you probably don’t know about. The guys my mom was living with went through every little closet and drawer in my mom’s home. While she was there sleeping. I tried many years to get them out of there , even got an attorney. Finally the police came up with the idea to condemn my mom’s house just to get rid of them. But she’s still communicating with them. It’s a hard situation. But it does eventually get solved if you can find someone to do something. Your local police might be more helpful if you have POA. Give them or an attorney a call.
Helpful Answer (1)
Reply to DeniseMiller
Report

Under contract law a person who is mentally incompetent cannot enter into a contract.

Generally such a contract is voidable.
Helpful Answer (0)
Reply to Tothill
Report

POA doesn’t give you control over her, she didn’t need your approval to do anything. POA allows you act on her behalf when she cannot whenever need be (unless it’s a springing POA which has to be activated before its valid). If she doesn’t want the car, it might be best to let it be repocessed by the lender. Especially if she won’t be applying for credit or a mortgage again.
Helpful Answer (0)
Reply to worriedinCali
Report

If she is cosigner of the car, then have it reprocessed. I think you need paperwork and it will cost but at least she will have the car. You can then either sell it or return it to the dealer. Not really sure how it all works. The bank has the title so may need to check with them how to proceed. Mom may have to make up the difference from what the car was bought for and what you can get for it now. One way or the other, this is going to effect Moms credit.

Wouldn't it be nice if like the bracelets they have showing your diabetic, deaf, etc...they had one that said Dementia.
Helpful Answer (1)
Reply to JoAnn29
Report
Jellybeanjohny Apr 6, 2019
The delership did not put her on the title so it is all on them at this point i feel they are some what at fault too here. Thanks for reply
(0)
Report
I believe you would need proof that she is mentally unfit to sign anything, like a doctor’s evaluation and a letter. I would consult with an attorney to find out your options.
Helpful Answer (1)
Reply to Ahmijoy
Report
Jellybeanjohny Apr 6, 2019
I have poa but that didnt help because she didnt tell me. Im afraid im going have to pay an attorney. A doctor can make a unfit proclamation? I dont want to take her life away just her finances and bad decisions. Thanks for reply
(0)
Report

Ask a Question

Subscribe to
Our Newsletter