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was he diagnosed before he got the credit card? Who is POA for finances? Were they aware of the use of the credit card after diagnosis? Were these legitimate charges or fraudulent charges? How old is the debt? None of these may make a difference though. This might be best taken up with an Elder Care Attorney. (and if no one is POA that needs to be addressed as well. Might have to file for Guardianship if he is not competent to assign POA. And if he is competent the credit card debt will undoubtedly have to be paid since his cognition would be intact)
No. You cannot. How in the world is a credit card company to know if those applying for credit are demented? There could be a case for expenditures done face to face with elders who are clearly demented, but not here. You may, if you are POA, come to some sort of agreement, especially if there are no funds, or simply do not pay. There can be no judgements against social security funds, but there may be leins against a home for instance.
If he STILL has a credit card, suffers dementia, and is being allowed to purchase and manage his money he will lose EVERYTHING whether to scammers or to credit expenditures.
Speak with the credit card company and get the cards cancelled if you are POA. If you are not POA and there is dementia it is likely too late to do this, but guardianship and protection of this elder's finances is now in order whether by the family or guardianship of the state.
IMO he would need to be in a NH on Medicaid to even prove there is no money. SS can't be garnished.
If he is living with you he has SS u can use for paying his bills. Call your Office of Aging and see if they have someone who can help you. Some companies will negotiate for full payment. Sometimes consolidating all the cards by getting a lower interest loan helps. Then you just have one payment to deal with and a lower interest rate. But, he cannot charge anymore. As long as there is a balance you cannot cancel but you can freeze the accts. But, you will still be charged interest on the balance.
I so wish our kids were taught how to use credit. The cards make it hard to get out of debt. That minimum payment after a while doesn't even touch the principle. You have to put a sizeable payment on that card to bring down the principle. And that payment does not come off the balance until the interest is taken first. I pay off monthly so I have no balance but my cards interest is over 25% and I have very good credit.
which indicates that he’d need to be declared legally incompetent to void new contracts, and even then may be able to form contracts during periods of lucidity.
Does he have a POA? If not, ask an elder law attorney if it is too late to get one.
I would suggest that you consider the best way to help him to freeze his credit.
I have a POA in place 3+ years now. He is in ALF stage 7A. We closed/cut up the cards back then. So now it in collections. One option is their next correspondence will make an offer to settle. Or l contact them and say he is not cognizant anymore
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Let it go to collections and DO NOT RESPOND or make any offers to pay.
His need for a good credit rating has expired.
Who is POA for finances? Were they aware of the use of the credit card after diagnosis?
Were these legitimate charges or fraudulent charges?
How old is the debt?
None of these may make a difference though.
This might be best taken up with an Elder Care Attorney. (and if no one is POA that needs to be addressed as well. Might have to file for Guardianship if he is not competent to assign POA. And if he is competent the credit card debt will undoubtedly have to be paid since his cognition would be intact)
If he STILL has a credit card, suffers dementia, and is being allowed to purchase and manage his money he will lose EVERYTHING whether to scammers or to credit expenditures.
Speak with the credit card company and get the cards cancelled if you are POA. If you are not POA and there is dementia it is likely too late to do this, but guardianship and protection of this elder's finances is now in order whether by the family or guardianship of the state.
If he is living with you he has SS u can use for paying his bills. Call your Office of Aging and see if they have someone who can help you. Some companies will negotiate for full payment. Sometimes consolidating all the cards by getting a lower interest loan helps. Then you just have one payment to deal with and a lower interest rate. But, he cannot charge anymore. As long as there is a balance you cannot cancel but you can freeze the accts. But, you will still be charged interest on the balance.
I so wish our kids were taught how to use credit. The cards make it hard to get out of debt. That minimum payment after a while doesn't even touch the principle. You have to put a sizeable payment on that card to bring down the principle. And that payment does not come off the balance until the interest is taken first. I pay off monthly so I have no balance but my cards interest is over 25% and I have very good credit.
A quick web search found this
https://www.upcounsel.com/mental-capacity-to-contract
which indicates that he’d need to be declared legally incompetent to void new contracts, and even then may be able to form contracts during periods of lucidity.
Does he have a POA? If not, ask an elder law attorney if it is too late to get one.
I would suggest that you consider the best way to help him to freeze his credit.
I hope that you are able to get this situation resolved quickly.
Best wishes to you and your family.