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Taking away a parent's financial decison making ability

Posted on 5/19/12 at 8:04 pm
Posted by potent357
Prairieville
Member since Jan 2010
4210 posts
Posted on 5/19/12 at 8:04 pm
How can you assume the responsibility for your parents, or in this case, mother in law and their financial affairs? The woman is 76 years old and has major credit card debt but is steady charging more. She needs her credit cards taken away. Do you invoke a power of attorney or something similar? Does she have to be ruled incompetent?
Posted by FunkyTiger
New Orleans
Member since Nov 2009
1207 posts
Posted on 5/19/12 at 8:10 pm to
Power of attorney
Posted by VABuckeye
NOVA
Member since Dec 2007
38283 posts
Posted on 5/19/12 at 8:59 pm to
Do you have a Power of Attorney in place to invoke? If there isn't one it's going to be a lot tougher.
Posted by potent357
Prairieville
Member since Jan 2010
4210 posts
Posted on 5/19/12 at 9:15 pm to
Nothing yet. She is still working, albeit part time, and her driving privileges have been taken away due to illness. But her two daughters, my wife and her sister, want to take away her credit card(s) before it gets any worse.
Posted by VABuckeye
NOVA
Member since Dec 2007
38283 posts
Posted on 5/19/12 at 9:24 pm to
I presume she's buying the shite that old people buy? Nonsense stuff for around the house?

I've dealt with that with my mom and father-in-law. It's frustrating but something that old people tend to do.
Posted by rmc
Truth or Consequences
Member since Sep 2004
27238 posts
Posted on 5/19/12 at 9:30 pm to
In Louisiana, a power of attorney does not take away anyone's decision making ability. It only gives another person the ability to make those same decisions on principal's behalf.

quote:

Does she have to be ruled incompetent?


Generally, yes. You would have to have her interdicted in Louisiana. Court's would rather not interdict someone though.
Posted by potent357
Prairieville
Member since Jan 2010
4210 posts
Posted on 5/19/12 at 10:03 pm to
More like a hoarder. She will order 12 of something from QVC with the thought that everybody she knows wants one then get stuck with them. Or buy Christmas gifts now then totally forget she bought them and buy them again in December. As long as she has the ability to charge she is going to use it and abuse it.
Posted by Napoleon
Kenna
Member since Dec 2007
73117 posts
Posted on 5/19/12 at 10:14 pm to
Sounds like my Grandma in a way. My grandpa retired from NASA then went on to be an IBM executive then retired there, and he still has to work because my grandma spends over 100K+ a year on the Gem shopping network. He is too P-whipped to just cancel DirecTV and cancel all the cards.

Sad, my Mom was trying to help and gave up. More than likely they will lose everything soon.. So sad after all those decades of Hard Work.

Posted by lsu6294
A house
Member since Jan 2009
4548 posts
Posted on 5/20/12 at 12:13 am to
quote:

Sounds like my Grandma in a way. My grandpa retired from NASA then went on to be an IBM executive then retired there, and he still has to work because my grandma spends over 100K+ a year on the Gem shopping network


Posted by Quidam65
Q Continuum
Member since Jun 2010
20484 posts
Posted on 5/20/12 at 3:32 pm to
quote:

Does she have to be ruled incompetent?


Most likely yes. And with the story you mentioned you probably need to get medical proof since it appears you're dealing with dementia or Alzheimers (not you, your mother-in-law).
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