Can a POA open credit on my grandmother's name if she has dementia?

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Can a POA open credit on my grandmother's name if she has dementia?

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My grandma is being "cared" for by another granddaughter. There have been issues in the past with possible neglect. We recently learned my grandma's daughter has POA. I'm not sure if it's by default since she is the only living child or if there is an actual document out there granting her POA. Neither the daughter or granddaughter take care of my grandma properly and are now opening credit on her behalf. Her credit is already shot due to her granddaughter. For example a Home Depot CC that they racked up to $4000 and it went to collections. This was one of many items that were sent to collections. The latest was a car loan for $20,000. Regardless, if her daughter was granted POA, the POA is supposed to be acting in my grandma's best interests and obviously she and her daughter are not.

Alzheimer's & Dementia Elder Abuse Elder Law Power of Attorney (POA)

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APS needs to investigate for elder financial abuse, etc. Call them and keep on it.

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Rovana, read her response to that suggestion below. They already have APS in.

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But is there new signs of neglect?

I am confused why there was even a question of her going back to the environment that all of this started in. Why didn't her family scream to high heaven that she is going back to the same caregivers that allowed her to get in this situation. Did she want to go back?

I would keep calling and have everyone else that sees any problems in her care to call. These are truly situations where the squeaky wheel gets the attention. They can't ignore complaints, so keep calling when there is a legitimate reason.

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No such thing as “default POA”. POA is something that is assigned with a notorized or witnessed legal document.

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Thank you for the responses. Without going into great detail, the authorities were involved about a year ago. There were a few different people that were concerned for my grandmas well-being and they reached out to the authorities. We informed them of financial concerns, my grandma walking to her nieces house with soiled clothes, dog food in her pockets (eating this as a snack), weightless, missing doctors appointments, etc. She was also hospitalized about 6 months ago due to extreme dehydration. While in the hospital they found multiple bed sores on her behind along with her feet. The family was split on whether she should go back home to the care of her granddaughter. Because of this there was an open case with adult protective services but it was recently closed. My immediate family and I are puzzled as to why it was closed, but according to APS unless there is a new concern or we see bruises, bed sores, etc. then there is nothing they can do. We were also advised to obtain conservatorship. We tried doing this on our own with the help of legal aide, but with the complexity of her APS case we were told we would need an attorney. Unfortunately, we don't have that kind of money. It's really a sad situation.

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Bekah, thank you for the update and more information. It helps a lot. I think that if you have contact still you have to watch for these signs. It looks as though there is no other help for you. You have tried all the things we asked, and been on top of it, and now it comes down to money. Whoever you worked with in the past, the legal aid--do you suppose he or she would have a person who might work for much less to try to get court appointed guardianship?
I have no clue how to help your poor grandmother. I really don't. It looks like the system is failing you badly.
How are you aware of the credit applications?
What an awful problem. Short of a last ditch effort with going to the police and telling what you have already done I don't have a clue. Please begin to keep if you have not already close documentation with photos if you are able, and diaries of anything at all you can come up with daily. Very sorry.

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If they are opening credit accounts in your grandmothers name and she is not the direct beneficiary of the items purchased I would say that they have committed identity theft and credit (financial exploitation of a vulnerable senior) fraud.

I would call my local police authority and ask how you can help protect her from potential identity theft and financial exploitation from family members.

Are you sure that the home depot wasn't to do modifications to the home where grandma lives to accommodate her mobility? Like handrails, wheelchair ramp, replacing carpet, etc.

One thing that you can ask when you speak with the law is to have them verify that there is an actual POA and not just a next of kin status, which carries a lot of weight by the way. Don't just disregard their rights as next of kin.

Please be sure that something is wrong before you have the law intervene. It can cause huge problems and it should if grandma is being abused and used. However, if this is a personal conflict, it can cause grandma unnecessary pain.

If you have proof that she is being neglected and you haven't already called APS and the law you need to do that right now.

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Being the only living child does not give you automatic POA. Your Grandmother would need to assign someone the position. A POA can not be transferred either like from mother to daughter. It needs to be revolked and reassigned.

There are responsibilities that POAs allow. I was allowed to buy and sell as representative of my Mom. I would say that opening credit cards in grandmoms name is fraud especially if they don't plan on paying for it. I agree, if Gmas credit rating has suffered prior because of these people then I am surprised they can still get credit. I like Riverdale's response. I also agree that seeing a lawyer may help. There must be recourse when a POA is taking advantage of their position.

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Bekah, no one gets PoA by default that I'm aware of. There are legal documents that are filled out and signed by the person (your grandma) and she assigns who is her medical and/or financial PoA when she is of sound mind. I'm not an attorney but I am pretty sure that the PoA cannot open up credit cards or lines with FPoA. However, others on this forum who are actual attorneys can verify what is accurate.

Right now, you have no power, especially if your grandma does not have dementia. You don't mention this but it would be helpful to know. You can call social services and report her as a vulnerable adult and they may (or may not) get involved. But at least grandma will be on their radar and the blood-suckers will be on notice. If you had the financial means, you could consult with an elder law attorney about any options to protect her. Blessings and wishing you success in whatever you're able to do to help.

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Normally credit is not granted when "credit is shot". But if credit is good it may be possible for a POA to open an account. I am not certain and I hope others here may be. I would say that one person who would be able to answer this is a banker, and I would take this question to an officer at your own bank. You can tell him the reason you are asking.
If your grandmother is being cared for inhome it is within the norm that the person doing this care would be POA for health and financial. If you suspect abuse you may need to follow up with asking an Elder Law Attorney what can be done, or by going to Adult Protective Services in your area, and asking if there is a way you can do a check on this.
The sad truth is that if your Grandmother was capable of granting POA (and you don't have to be a rocket scientist, just able to say that you understand what you are doing in giving a person power over your health and financial. The thing is that your Grandmother has already been making very bad decisions.
As she is living with these caregivers you may not have a lot of choices here other than applying for guardianship. If so, are you willing to take your grandmother into your care? Are you willing to place her in care, given she has apparently no assets and bad credit, knowing she will not be in very good care at all? Are you convinced that would be better? Because come to a war between the families the state could appoint an outside guardian and no one would have any choices where the grandmother is concerned.
Stay tuned and watch on the forum and you will see very many cases where siblings have disagreed on care and on POA to disasterous results. In fact, unless they get together and come to some peace I can't think of a single good outcome.
I am glad you are concerned for your grandmother and involved, but there is a limit for certain to what you can do in any circumstance.
Hope someone below has better ideas for you. Hope you will update us on any outcomes that worked for you.

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A credit card can be granted as a joint account for POA and elderly person if there is a previous relationship with a bank that is a positive one. A bad credit rating would negate this going forward but there might have been one before the card was abused. I'm not sure what the next issue would be. Certainly not a positive one and I don't think guilty parties can continue to charge the card endlessly. In fact if their name is on the card they may be responsible for the debt.

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Can a POA open credit on my grandmother's name if she has dementia?

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