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Lammy129 Asked November 2022

My mom, 83 yrs. old, hasn’t paid rent on her apt in about 6 months. She has the money but refuses to believe she owes. How can I access her funds?

Beatty Nov 2022
So Mom has lost ability to be independant with financial matters?

Any other 'red flags'?

freqflyer Nov 2022
Lammy129, you need to immediately contact the landlord to find out if your Mom has been paying rent [but telling you differently] or if she is behind in her rent. It could be possible that the management company helped her set up automatic pay-out for her rent.

If Mom is behind in her rent, there will be late fees tacked to the monthly rent. Usually by now the Sheriff/Police Office would have taped a notice to your Mom's front door regarding said late rent. Usually a date for eviction will be on that notice.

If you are your Mother's Power of Attorney, now is the time to start taking over her finances. Have all bills forward to your house so you can write a check or pay on-line from your Mom's saving/checking account.

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JoAnn29 Nov 2022
Does Mom get statements? If so, show her no checks have been written to the landlord. Are you sure she hasn't gotten a letter and thrown it away? Have you talked to the landlord? If she hasn't paid him, has she not paid other bills?

Since you say she has the money, I don't see where she would need HUD housing. She does need an Assisted Living/Memory care. If she can't afford that then Longterm care with Medicaid paying. Mom should no longer be on her own.

igloo572 Nov 2022
Mom has to either go to her bank and add you as a signatory on her accounts or she does a durable POA for her financials. But it reads that your mom isn’t competent or cognitive enough to do this. If that’s the predicament, either you file for guardianship for her or get APS involved.

But before all this just What is her landlord’s position in this drama?

if you do not know exactly what the landlord intends to do, please have a clear concise conversation with landlord.
It may be that between the two of you, APS can be contacted and your mom moves out and into a HUD 202 supportive housing program or APS has EMS take her to the ER and she gets hospitalized. & you get in the apt and gather up all her stuff asap.

Landlord can have her evicted, so he can go thru the legal process to have her served & usually its a deputy sheriffs that do evictions. Evictions have costs and legal filings…. Often property owners try to avoid eviction as its $200-$500 and weeks with courthouse runs.

Was she in the Covid rent moratorium last year?

funkygrandma59 Nov 2022
Unless you are her financial POA, you can't access her funds. I find it hard to believe that her landlord hasn't contacted her months ago if she is that far behind in her rent, and perhaps hasn't even already given her an eviction notice.
Perhaps an eviction notice is what it will take to get her to pay. I don't know. In your profile you list that your mom has dementia, yet she's living "independently." It may now be time if she's unable to handle her finances that she no longer lives on her own, and moves to an assisted living facility.
And if she's too far gone in her dementia to give anyone permission to be her POA's, then you may have to spend thousands to file for guardianship.
Good luck.

babsjvd Nov 2022
i had POA’s ..

I took over my moms accounts when it became evident she needed help. Present it to your mom in the realm of helping her , take the burden off.
My POA was durable , meaning , I could write checks, signed her name with mine under with POA designation. i set up accounts I for her banking and bills online. I had copies of Medicare / SS cards.. , online for her secondary insurance as well. It all can be done.

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