My mother lost her memory over two years ago. The doctors don't know why. They don't know what to do for her. Anyway, I found out that she has not paid her credit cards in over 6. She is on disability and can't afford to pay them. I can't afford to pay her bills because I'm fixing to be on disability myself due to fibromyalgia and I do not currently have a job . She lives at home and I'm afraid she's going to lose her house. What do I need to do? Can I get these dismissed or will she lose the house or will they make me pay it ?I don't know what to do please help!
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I pulled his credit report so I could see all of his creditors. Then I sent a registered return receipt letter stating that my dad did not have the means to pay the debt & they were to stop contacting him.
Discover & Capital One both attempted to sue him. I called Legal Aid & they answered the court summons & appeared in court on my dad's behalf.
You are not responsible for your mom's credit card debt. Do not even think of trying to pay it. You mom will not lose her house either. When creditors call tell them that they are not to call you in accordance with the Fair Debt Collections Act.
If they send your mom a Summons to appear in court call Legal Aid. They will help. Don't worry about this.
Also if calls come in inform them that all communication MUST be made in writing! When they call again, ask for tbeor name, work ID#, work address. At this point most hamg up. Inform them any further phone calls will be reported to the States Attorney since they were told to send things in writing.
Create a form letter:
Ms Smith has dimentia and can not be held legally liable for purchases
Please note thos on the account.
Her only income is Social Security so it is a waist of ypur time and money to attempt to file a lien.
All future correspondence should ne sent to ---- ( find a friend or person from your church who is an attorney amd will run interference for you pro bono (free).
If she is driving, disconnect the distributor and battery cables. If the car is older, drain coolant and oil. Or block car in with one that does not work.
She will call for help, and then you give her a ride. Maybe set up Uber on your phone, send a car wjen she calls for help and pay for it, its cheap!
Beware of calling the credit card companies from your phone. I had the exact same situation with my dad and in trying to do the right thing I called his credit cards. After that they had MY phone number. They couldn't reach my dad anymore (who was dying in a nursing home) so they called my number relentlessly. I had to ask each lender to stop calling me, that I was not attached to the debt, that it was my father's debt, and that he was in a nursing home. A few still called so I blocked their number. After my dad died I called them to inform them. A couple asked for the death certificate, one asked me to fill out some kind of packet which I never did, and eventually the calls stopped. But they made my life hell for months.
Unfortunately it often takes an emergency to realize that someone needs full time care or needs to be supervised 24/7.
I hate the idea of taking someone that can do for themselves and removing some ADL's but when it comes to safety sometimes the hard thing is the right thing.
I hated taking the keys away from my husband..but it was no longer safe for him to drive
I hated removing him (us) from a house that he had lived in for over 60 years but the house was not accessible when the time came and I could not maintain it.
I hated obtaining Guardianship but it was the only way that I was able to sell his family house and move us to a house that he would be safe if for the long term.
I do hope she remains safe.....and that you find a solution to the financial problems.
By the way..not to "rock the boat" or accuse but is it possible that your brother is making charges on your Mothers credit cards or are all the expenses hers?
Again consult a lawyer.
If you do not have POA for finances or health care you need to obtain Guardianship.
Talk to a lawyer that knows Elder Care.
I do not recommend Guardianship lightly as it is a Pain in the ***. But it may be the only thing that you can do at this point.
Cancel credit cards. If they do not allow you to cancel them without proper paperwork then hide them so she can not use them. You also may want to hide the checkbook. If you are on her checking account or savings account monitor those as well. Or see if you can establish on line monitoring of her accounts so you can see what is going on.
If your Mother has had memory problems for 2 years how is she managing to live at home? Or is someone with her all the time?
You may want to start the application process for Medicaid if you think she will qualify. If she does go into a facility the sale of her house (if it is in her name) may be used to pay debts. But again that is something that the lawyer will help you determine.
Personal opinion...she probably should not be living home alone. (if she currently is)