Her only income is social security and she has no assets. She lives in my mobile home on my property. She pays no rent or utlilities. She does everything for herself and will not let anyone help or know her financial situation. I have recently discovered she is in deep credit card debt. So far she's not behind on any bills but she's charging constantly and only making minimum payments. It takes her whole check just to make the minimums. Soon I'll be retired and only be living on social security. I won't be able to pay her utilities after that. She may need to move to an apartment eventually then she'll have to pay her own rent and utilities as my health is not good. I need help in Kansas. What can I do about this charging and debt she has? She gets very mad and changes the subject if I bring up the subject. I keep thinking that eventually she will max out but they keep increasing her credit line. Is there anything I can do?
But, it must still be overwhelming.
Do you own this mobile home and the land on which it it located, on your own -- it's okay if you owe money on that, but is it all titled just in your name, with maybe a lien holder/mortgage lender?
If so, please stop with the free guesthouse arrangement, because that's what it is.
You know how much your mother gets in social security, right? And, how much the utilities cost, on average, every month, right?
So, don't say or write anything about having let her live there for free. Not to anyone. Lots of legal ramifications if you do that.
Make it simple. Send her a short letter that says, basically, enclosed is a lease that you should read, and have any lawyer of your choice read, and you have 30 days to sign it and either (1) deliver a bank/cashier's check for rent for _____ through _____, and a security deposit in the amount of $______, or (2) leave the "property." And, the lease should be crystal clear: she, as a tenant, is responsible for $_____ monthly rent, due by a fixed date every month, with a 3-day grace period, and she is responsible for all utilities bills, and all telephone and cable and WiFi. You, as the landlord, have no legal obligation to pay for utilities, cable, telephone, etc. The lease should have a section that makes it easy for you to check the boxes the way you want. And, if done right, you will have no financial obligations other than what is required under your state's landlord/tenant law and cannot be changed through a lease.
Someone else posted here that you cannot legally disconnect the phone. I am not sure that is true. I believe that your mother, as a renter (or to-be renter) has to get a phone in her name and be responsible for the bills. And, as far as repairing or replacing necessary appliances and plumbing, etc, if your mother agrees to this lease, just get yourself an appliance service contract, won't cost more than $400 a year. Well worth it.
And, this lease, that I am suggesting, should not be for more than 6 months. Not a year, just 6 months. If it is for a year, would have to be in writing (statute of frauds), but do it in writing anyway, please, even though it is for 6 months. That gives you a 30-day "leave the property" option. Don't play around with her. And NO option for renewal in this 6-month lease.
I do think that we do not know the whole story here, but that's okay. I am trying to protect you.
Lots of things you can do about her credit cards, but you have to be willing to be accused of crossing a line. Unless you have the legal rights through a POA.
Doctor and attorney can only help if mom is deemed incompetent. Bad decisions alone are not sufficient cause to get any legal oversight. In early stages of dementia, an attorney can still determine whether a person is capable of understanding POA and signing legal documents, BUT it is still the person's right to decline. In this case, mom's attitude is butt out, so I do not see her agreeing to any POA (and that is the ONLY way one can be appointed as POA.)
If dementia is too far along or the person declines, guardianship is an alternative, however that is 1) expensive 2) time consuming and 3) not guaranteed to work. If the court doesn't consider her cognitively disabled enough, they will not grant it. If she fights it, the court will appoint an attorney for her as well and can order medical tests, adding to the expense. Normally the person's assets would be used to cover the costs, however in this case the woman has no assets and OP certainly is not financially secure enough to shell out thousands (even worse would be to spend all that and be turned down!)
When you say "She cannot, under any circumstances be allowed to continue doing this.", I ask what right do we or anyone else have to interfere? What mom is doing is irresponsible and stupid, but it is her right to be irresponsible and stupid. Bad decisions do not determine one's mental capacity.
You also say "And why are you allowing her to keep secret her affairs. This is just simply wrong." Allowing? Would you want your children poking into your affairs? OP has no right to demand anything in this case. Mom's affairs are mom's affairs. It would be wrong to stick you nose into her affairs and try to take over. Mom has not been said to be cognitively impaired, so her bad decisions are hers and hers alone. OP does not have any right to know what the details are any more than you or I have.
Agreed that potentially OP will have to "take care of things", but that does NOT mean paying off mom's debts. If mom dies, her debt dies with her. If she gets into deeper debt, well, so be it. Eventually these credit companies will not get the "minimum" payment and will not increase (if they smarten up!) If they don't, well too bad so sad. Mom has no assets, so they can't get anything more. Collection agencies might get involved, and if they start on OP, that can hopefully be stopped, since OP is not on the cards (one hopes!)
You also said "I would sit her down and tell her the "new rules" and she either cooperates or you walk away or place her somewhere." Well, OP can try to reason with her, try to make her see some sense, but sounds like offers to help get this under control have already been rejected, so playing tough guy probably isn't going to get the desired result. As for "placing" her somewhere, unless mom is deemed incompetent (and maybe not even then), OP cannot "place" her anywhere.
Until mom wakes up and realizes she is in too deep, this is a no win situation. You cannot force someone to hand over control, you cannot take over control, you can't throw her out (elder abuse anyone?), and even eviction isn't likely to work, since she is not paying rent and there likely isn't a rental agreement. The courts would not view OP very kindly if OP petitions to get mom kicked out, with no money or place to go.
If mom were agreeable to move, she would likely qualify for Medicaid and a Medicaid AL facility, but why would mom agree to that? She has a free place to live now... Asking mom to pay rent (or even demanding) isn't likely to work, since most of mom's meager SS is going to pay the minimum on her debt. I suggested OP start with cutting off TV/internet, which will stop the buying AND save OP the cost. THAT might be a way to get mom to negotiate - get this debt under control and we'll talk service
....if mom is of sound mind, there isn't a lot you can do. With all her debt, and likely crappy credit score as a result (plus needing first/last and security deposit for more rentals), she isn't likely going to be able to find/rent a place.
On top of all that, even if you tell her you cannot afford to cover her anymore, you can't force her out or throw her out. Unless/until she becomes incompetent, I think you are stuck with the situation as it is. Even with dementia you can't force her out (per our attorney when we wanted to move mom from her condo to MC and she was resistant.)
One thing several mentioned that you could do, and I concur, is to cut off the internet/TV service (possibly phone too). YOU are paying for it, so YOU can shut it off. This will stop her ability to see/buy online AND save you some money.
Any other unnecessary utilities, shut them down! Again, with lousy credit score and limited income, she isn't likely going to find a company willing to set up an internet/TV account for her.
The BEST thing you can do is to ensure that NOTHING in her name has yours associated with it and NOTHING in your name has her name on it. If she defaults, debt collection will likely identify you as an "associate" and may trying getting money from you - NEVER pay them anything. Get their name/address and provide them with a legal cease and desist notice. It isn't your debt and you have no obligation to give them a dime! IF you do, they will hound you until hell freezes over!! NOT ONE THIN DIME TO ANY OF THEM!
I would suggest however that you stop making it easier for her to do this, by paying her bills you are just giving her more funds to continue this cc purchasing spree and living beyond her means. I totally understand why you are providing her with a place to live, utilities included but I'm not sure it's helping her and I know it isn't helping you. You are effectively dipping into your retirement savings by not putting away whatever the amount is however small that may be. Is there a way to put the utilities at least in moms name or are they all combined on one meter/account? You could at least try to explain to mom that while you don't want what you would normally charge someone for rent in her place you need to collect something as you prepare for retirement and you have learned that being able to show she has been paying rent will help her as well in the long run with the medical/financial assistance she will need and not paying rent now might hurt her benefit qualifications in the future. So you need to do this to care for yourself but it's also something that should have been done all along to protect and take care of her. You aren't trying to take over her finances or control that way but you are funneling some of the money to more reasonable channels, you could even put it in an account to draw from later when she she does need financial assistance if you don't feel right using it to cover yourself. At some point the walls are going to come crashing in on her and not fighting with her now for control might help pave the way for her to accept your help when that happens.
It's so tough, wanting to help when the best way to help is let them flounder. Good luck
I have a 'friend' (barely can call her that) who has defaulted on her home loan many times, has had CC's closed and judgements put against her for non payment and she just blithely goes about doing whatever she wants. Her inlaws bail her out re: the house payment, right before it goes to foreclosure, she goes crying to them and they make it up, then she starts 'ignoring' her house payment again. She gets in over her head with the utilities and such---and she goes to our Church which has a lot of discretionary funds and they pay her utilities, etc. She has verbal custody of 3 grandkids, and gets no money from their father. She told me once she was $2000 'in debt' every month. Not even embarrassed about it. She gets a very tiny pension from being in the AirForce, but it doesn't even cover groceries and clothes for the kids.
Drives me just insane. She uses people and cries poverty and gets help from kind people until we realize she's using us...then we slowly fade out. She owes ME $4000 and I will never see it.
Some people simply cannot handle money. I amazed at how little she cares about how MUCH others have done for her.
I'd not be above taking her wallet and shredding her CC's but as of last summer, she no longer has any. Still paying on the enormous debt from 3-4 of them, but they have been closed.
You cannot go forever in this state. Something will happen--if you are supporting mom by letting her live with you, then she probably feels entitled to shop online and spend all her money on junk. This calls for a 'Come to Jesus' with her and a confiscation of her cards. She could have ONE pre paid card and when that is spent, that's IT. We did this with our kids in college.
You may need to contact the CC companies and try to get a consolidation loan. Don't know--since you don't say that she has dementia, she's aware of her buying. What is she buying that you don't see it? Clothes? Or is she now just trying to get from month to month on paying minimums?
CC cards used to be so hard to qualify for. I think my dog could get one, now.
So, beware....
First, verify that none of her credit has been secured by any property or income. Credit cards are almost always unsecured. If she stops paying, her creditors cannot do anything but sue and, frankly, she could be gone by the time that happens.
Do NOT use any of your money to pay them.
Take me them away from her. If she won’t give them to you, report them as stolen and intercept the replacements. There are credit cards that are specifically for people with dementia. You can control her daily spending and block her from certain businesses or categories of businesses. Get her one of those and see if she can manage it. If she can’t. Put her on a cash allowance.
Then, take a careful look at all of her accounts and decide how much, if any, of each you want to pay. Keep in mind that the credit card companies had the ability to check her income, determine how much credit card debt she had, and limit her credit. They chose not to and that means they accepted the risk.
If she is only making minimum payments, the lion’s share of the balance is interest (probably high, usury rate interest). Personally, I’d estimate how much of the balance represents what she actually borrowed and that’s what I’d plan to pay.
If your mom has nothing to lose by having her credit tank, why keep her in poverty especially if she’s going to have to start paying her own way. Also, you should be charging her rent and utilities to establish that you’re supporting her.
If she's got consumer debt and no real estate to protect she can let the bills go instead of filing bankruptcy. Letting the bills go will ruin her credit but that will keep her from getting more cards which is the idea. With bankruptcy you can start getting credit cards again within six months or year of filing.
She (you) can also ask the companies for a settlement where they forgive part of the debt, often half. She'd have to quit making payments for awhile before they'll negotiate. Companies can write off the loss and they build plenty of profit into their rates. Search the internet for more about settlements.
dont worry about it
2. You can freeze the amount she can charge. I had to call them but I have 2 cards I use online and both are frozen at $600 maximum. I froze my main card at $5000 and even my Lowe's I was able to lower to $5000.
We don't have to allow the credit line to be increased.
The cards belong to mom and even if you could get them and cut them up, she can call to get replacements.
No bank or CC company is going to freeze, close or lower the limits on the accounts if YOU ask them in her place. If you are not on the account or have declaration of incompetence combined with DPOA, don't hold your breath!
As others have said, unless mom is willing to cooperate, and clearly she is not, this is a train wreck waiting to happen and really all that can be done is to stand by and watch.
I post here about it and I got the answer "that people can make poor decisions all they want." It is so true!
So, like your mom my mother would get angry if I tried to address the problem with her finances. I had to let it go. You are not going to like my answer and believe me I didn't like it either, but there was nothing I could do. My mother could make all the bad decisions she wanted too, and she did not want my help. Ugh!
I let her continue to do what she was doing because I knew it would come crashing down on her and it did. Now, she is in thousands of dollars in debt. So now I handle her finances and she had to quit paying on the CCs to be able to pay both truck payments, Rx, and house bills. She will be filing bankruptcy.
If I was you I would start getting mom's mail and start seeing where she is at with each bill. Start with telling her what you have said here, but I have a feeling she will just tell you--"I know! I have it under control. Stay out of my business." Your mom will eventually have to stop paying them because she will get to the point where she won't have any cash! This is where you will have to come in and tell her to quit paying her CCs. If your mom has no assets than the banks can't get anything out of her. And no they can't come after you as long as your name is not on any of the CCs accts.
It is like watching a train wreck and can't do anything about it! Sigh!
Good Luck!
My mom and dad always paid debts as they occurred. If they didn’t have money they didn’t buy an item. They set a good example, in spite of that some of my bothers would recklessly spend and one of them went bankrupt. He never saved for a rainy day like my parents.
I feel blessed that mom is frugal with her money. She has a credit card but hardly ever uses it and pays in full when bill arrives. Some people are shopaholics.
Not sure how you are going to get Mom help if she won't admit the debt.
You need to tell her what you said here. That you no longer will be able to pay her bills. So you both need to sit down and discuss her finances. There is Senior housing where Moms rent is based on her income. There are resources she can take advantage of.
I would suggest getting a credit advisor. Office of Aging may have someone free of charge. Moms cards should be frozen. She maybe able to get a consolidation loan, That way she has one payment a month. But she does not charge anymore. Paying the minimum on a large amount of money doesn't touch the principle. She can't get out of debt if she keeps spending. She may have to file for bankruptcy.
She's living rent-free, pays for no utilities. Does she have a car? Is she online? What is she charging to these cards? Is she using them to make the minimum payments on others, or something crazy like that?
I just had a quick look, and there are alarming numbers of debt counselling services in Kansas. Many of the providers will be loan companies and quite honestly you might just as well jump straight out of the frying pan and into the fire. But some of them do appear to be reputable agencies providing genuine assistance and advice. All I can suggest is having a look at them for yourself and cautiously giving one or two a call. Do not share any personal information until you are completely satisfied that they are not just out to sell your mother a high interest loan. I would expect the real knights out there to be able to advise you, as well, on what to do about approaching lenders to remind them of their corporate responsibilities.
Strictly speaking, you know, you already ought not to be paying your mother's utilities; but her overall wellbeing is a big subject. Have you been in touch with anyone about her? What about your local elder services/Area Agency on Aging?