I have on brother that has been taking advantage of our parents for years. He is in his 40's, never worked, and spends most of his time smoking pot and playing video games on our parents dime. Unfortunately, the last few years my father started suffering losing his memory and sometimes not always clear (I think the Dr. said early stages of dementia) and unknown to us at the time our brother took out credit cards in dads name. Like I said its always been a struggle in the family wanting him to not leech off our parents who should not be working at 80 and 90 years old to support their 40 yr old kid. But Mom always defended him and dad turned the other way.
Our dad recently passed away at 94 yrs old. He took care of the finances or "thought" our brother did. Now we are trying to help mom since she never knew what bills to pay because dad always did it. However we have uncovered a HUGE mess. They are behind on all their bills. And they have about $40K in credit card debt (mostly accrued in the last 2-3 yrs, we suspect our brother took these out without our parents knowledge). Mom didn't seem to understand where the credit cards came from, but when we brought up having them looked into for Fraud she quickly shot us down. We also found a NEW card with video game purchases on it of about $1000 that was done while our dad was dying in the hospital. Its all very upsetting. But our mom defends our brother and will not put any responsibility on him saying she gave him permission (when we all know she didn't because she was surprised as the rest of us at the new console after returning from the hospital).
Dads retirement was their main income, and now with so much debt, and no income, mom is probably going to lose the house. But we cannot convince her to cut ties with our brother and move in with one of us.
We just don't know what to do and feel helpless after our father just passed and our mother is about to be broke and homeless thanks to our brother.
But we don't feel like APS will do anything because she will take all the blame and insist he never did anything wrong. :0/
Any advice??
We (me and my other siblings) do not have any kind of POA and are still looking for the will to see if dad had any of us listed to be able to control the estate. But the outlook is not good.
As for the debit card, I should mention that if you decide to move your mom's money to a new account, secretly close out the old account. When you get the new debit card, keep it in your wallet so the deadbeat has no access to it, because it's in your wallet! Keep your wallet safe at all times when you must lay things down. If you have a tiny wallet like I do, you may want to wear a fanny pack to keep the wallet in, and zip the fanny pack. When you wear a fanny pack, where a big enough shirt to cover it for discretion so the deadbeat won't have any idea where the cards really are. 👍 Let the squatter keep the old cards after secretly closing all the accounts and moving your mom's money. When the squatter tries to use the old card again, he'll get a big surprise!😂
How to drive out the squatter
*One good strategy to start getting rid of the squatter from your moms house is to remove his comforts and stop feeding him. Remove the bed or whatever he sleeps on. *Put a lock on the bedroom door so he can't use your mom's bed. Favorite chair? *Flop down in it and stay there. Have a group of nice strong men come in and everyone flops down on the couch and all of the soft seats, leaving no seating for the squatter. When he's looking for a seat, don't move for him. *If he's already seated in one of those comfy seats, just physically throw him out of it and take his seat.😂*Put a lock on the fridge, pantry cupboards and any stand-alone freezers you have. *If he uses a gaming seat such as a big floor pillow or beanbag chair, remove it along with anything else he likes. You need not get rid of these items but just take them somewhere and store them where he can't find them. *Secretly take your mom on a nice long vacation, leaving the squatter behind and temporarily cut off the utilities while you're gone. Another nice trick on top of that is to remove all the flashlights so he has no light source whatsoever. When temporarily cutting off the utilities, just explain the situation as briefly as possible. Upon your return, just restore the utilities. *Another trick you could also try is cutting off all the utilities from the basement. *Upon taking your mom on that nice vacation, pack up, move her food to a trusted friend or family member and store it there until your return. By cutting off the squatter's food, he'll soon get hungry enough to venture out and find food elsewhere such as a soup kitchen or homeless shelter.
Hopefully the squatter will be gone upon your return from vacation. If not, hire bouncers to physically remove the squatter. By now you should realize these are steps to actually drive him out. These are things I would definitely do in a heartbeat, no questions asked
if the utilities are turned off, for some weird legal strategy the squatter hires an attorney and says he was a renter or invited.
Take that vacation though, because while you are gone, tenting the house for termites is only one more way to make the home unlivable. When all the food, (and lamps) are removed, no one will want to stay there.
Try the legal route, imo.
If sold, the proceeds go to the gov't.
Guess it is complicated, need an attorney.
I certainly understand where are coming from. And families are the hardest to understand or work with. Here are some thoughts regarding this situation:
I would try to get an attorney involved. Making sure that your dad's doctor is willing to say 'he was unable to understand the ramifications of his actions'. Please keep in mind how difficult this will be for everyone in the family.
You could certainly seek a court order Guardianship. I might go to APS (Adult Protective Services) and allow them to take the hit for investigating your mother's situation. APS does not reveal the person who made the complaint. The Guardianship however will be a long drawn out process. Please give this some educated thought (being well advised) prior to beginning the process. In many cases you can protect your mother without a court ordered Guardianship. Although I have no information regarding number of siblings, you might want to have a Fiduciary appointed to care for her financial interest. Experience has taught me that the least amount of intrusion as possible is the better of the two evils.
If you have the option of just letting your brother get out of this situation without any legal or financial intervention, you may want to seriously consider that option. Your mother has endured significant personal loss in the immediate past, more of this intrusion with the legal situation, might be a better answer.
I am sure you are wondering what background gives me insight into this situation. I have spent years as a court appointed guardian. This process is very difficult for not only the person but also the family. I am sure you mean well however no matter the court outcome chances are great your Mother will never get back the funds owed to her and the house will still have to be sold.
I wish you well in whatsoever your decision is.
But he still a mooch; we're not really sure right now what he's been doing but pretty sure he's been doing something but we also think he's done something that it's caught up with him and and he's actually in jail for at least a month, as well as there are other things going on, but as far as actually doing anything to make any of that happen, when it's not at least he is there and does help somewhat around the house; although we're slated for them to get more help; there was some confusion regarding it so we're waiting to see how it works out. Falls are and have been a concern.
Now as for the utilities situation, what you can do is type up and print out a loan an eviction notice and give it to the squatter. Give him three days to get the heck out, better yet give him 24 hours! 😂 if you really wanted to play hardball, make him get out right then and there. Here's some things I would mention in the eviction notice:
* He never contributed anything to the household: neither food, grocery or other necessity
* He stole from an elder to the point of causing her to lose her house
* He has no rental agreement and is not on a lease
* He fraudulently opened credit cards in an elderly person's name without their knowledge or permission
Making the notice short and sweet but mentioning all of these problems will indicate he's not welcome. This will give you legal leverage should he hire an attorney (on what money)? By time you take over your mom's money and for fraud alert on her credit, the squatter will no longer have access to her money and he'll be screwed. Go ahead and switch off the utilities and don't worry about it, he's not welcome. He can't come after you with no money for a lawyer, and legal aid may not want to touch the case.
Many lawyers want lots of money upfront, and again, legal aid may not want to touch the case. When someone has been notified to vacate, any time spent at that location past the time limit is loitering. If possible, alert your local police department about the problem before leaving for vacation. Show them a copy of the notice and even give a copy to the sheriff. Have them watch over the house on their patrol route to make sure nothing happens to it. Have all your mail temporarily stopped while on vacation. That way, if the elderly mother is expecting any money in the mail whatsoever, the squatter will have no access to the mail. Alert the post office to what's going on, and tell them you'll pick up your mail upon your return. Make sure they don't turn your mail over to no one else but you. If you can afford it, see if you can rent a PO Box, (but don't tell the squatter about it).
As for drug possession and a sting operation, I don't see how innocent people can be arrested if they had nothing to do with the incident, and especially if it turns out they didn't even know it was secretly going on in their home. If the homeowner happens to be the innocent party, I would hate to see that innocent person lose their home and all that money just because someone went behind their back and secretly did this.
* What you can do is as the homeowner:
When you discover someone has possession of drugs in your home, you can report it to police. Explain that you didn't know about it until you discovered it, which is why you're reporting it. Explain that you want the drug dealer out immediately because you really don't want to lose your house and all the money you put into it. This will put you one step ahead of the squatter.
NormandSal02 can only get POA if Mom gives it -- and as long as she is alive and competent she can revoke or reverse their decisions. PERIOD. And IF there is a will, it may or may not be of any help in resolving the writer's concern and it certainly will not give NormandSal02 the right to cancel credit cards held in their living mother's name.
NormandSal02 can only secure guardianship of Mom if one or more physicians (who have examined/cared for her!) certify her as incompetent to make medical and legal decisions and IF A JUDGE is so persuaded. They can't just "get guardianship" -- it takes time, money, witnesses, etc. I am frankly stunned at the number of assumptions that some of us have made. We don't KNOW that the mother has dementia — it seems unlikely based on what little the writer has told the community, but even that is MY assumption. We don't KNOW that the son took out the credit cards without his parents' approval — if Dad had signed checks paying bills for those credit cards the legal presumption would be that Son has permission and then the writer would have to rebut that presumption by proving that Dad was incompetent. A regular merry-go-round! This is a very complicated situation and we have very little information.,
Which is why the best advice ALWAYS — and virtually the only advice appropriate here based on the lack of information! — is to consult an attorney specializing in these matters. NormandSal02 need an attorney for a POA, for a guardianship, and even if there is a Will. The recommendations for "self-help" that have been given so often above will simply slow NormandSal02 down as well as potentially bring them, at best, embarrassment and, at worst, legal difficulties of their own. Sometimes, people, free advice is worth exactly what one pays for it.
The worst part of these recommendations is not that they are "hard" — but that many of the folks making those recommendations ARE NOT EVEN ACKNOWLEDGING THAT THEY ARE DIFFICULT TO IMPLEMENT! Some respondents have made it sound as if NormandSal02 should just shake the dust from their shoes and launch forward and, by the way, what are they waiting for? That's just not kind! And the writer needs our kindness as much or more than s/he needs anything else. (Including long discourses among and between people whose replies concern things totally off subject and utterly unhelpful to our questioner! PLEASE lift these people up in your hearts and prayers, tell them what has WORKED for you (not just how tough YOU'VE had it!) as well as what hurdles you had to face to accomplish what you did. And please stay on topic! Thank you all for listening and I wish each of you blessings on your journey.
And the same with printing up your own eviction notice; we were told that is not officially legal; yes, it's a first step that has to be done but has no binding legal authority; yes, has to be done for, like you said, if he were to hire an attorney and I understand, with what? but beyond that, no, so he doesn't have to actually either hire one or do anything at that point. And I believe someone has already stated that they/you/ whoever can't take over mom's account without POA to even put on a fraud alert; I had been thinking you could at least do that until in the middle of agreeing with you on that I remember, no, I couldn't, had to get my parents into the credit bureau in person and have them do that and it was a nightmare, don't know if they'd be able to do that or not; only reason I was is I had them in the car with me already having taken them to the doctor and then to make matters worse, it had moved from where they thought it was, which would have been just handily on the way but instead they were way out in the boonies; mom was having a fit, if it had been just any farther than what it was I don't think we would have been able to get it done, so...And I'm getting the idea you're talking about the whole taking mom on vacation and shutting off utilities while gone; otherwise, surely you're not talking about shutting off utilities on mom but either way still don't think can be done if in her name. Not even an issue of being come after by lawyer, just don't think power company will do it; at least they had to be told the person was no longer there; is that what you're suggesting? maybe so, since best I remember this vacation was just a ruse to get mom out of the house, right?
And I certainly wasn't told, or rather was told the opposite, that even that notice to vacate was not sufficient for them to have to get out. And this was by the sheriff's department, since my situation is not in the city limits. They told me that before that could even start to be the case I would have to get a copy of their notice or give them notice to post theirs and then they might watch it. I was also told by the post office I could not have their mail stopped; again, something only they could do, at least not without POA. You say if elderly mother expecting mail but then you say "your" mail, so exactly who and what are we talking about here?
As far as arrest, a homeowner is expected to know what's going on in their own home, part of the responsibility; again, unless there's documentation otherwise, in which case, then, you have all those legal issues of competency and guardianship, etc., with them having someone like that living in their house, but also gets into how they're being treated outside of the strictly financial; how is that actually affecting their life? Yes, I'd hate to see her lose her house, too, but I'm still not sure I saw where she has a mortgage on it, although I think there have been comments re that, but without a mortgage, I'm thinking there's just concern over losing it over these credit cards, which I don't believe would be the case, so I'm still not quite sure where this concern is coming from.
And, yes, I agree, but I don't believe mom would do that and, again, not sure how much of a concern, at least re mom, it would be to them depending on her care but also think would depend on what kind of drugs we're talking about. You keep saying "your" house but we're talking about "mom's" house; different situation but even if "your" house; they told me there are steps that have to be taken first; they won't just come "put them out"; arrest them over drugs, maybe; again, might depend on what they are or maybe not, if it's actually in "your" house and/or if they're under suspicion anyway.
Hope this helps
Will say, in my case, my parents did pay anything on the credit card bill but then their only income was social security that can't be attached; I don't any of us ever thought about the house but nothing was ever done regarding it; now, in the case of hub's aunt and uncle, been very frustrating to find the checks she's been writing to make payment on that credit card bill, not even just the minimum but considerably more to get it paid off quicker - before they die? because that's just what you do, is pay your bills - yes, even if they're not yours but also they have other income, which is what's being used - my parents didn't have the income, anyway - and could be attached anyway, so another factor and she's been diagnosed with dementia but even that's not sufficient in itself to be declared incompetent; she goes back to the doctor end of the month, see what happens then.
But you don't always have to have an attorney to get POA; I didn't for my dad's, but I didn't have it yet at the time of the credit card incident.
But I agree with you about these things not even being acknowledged as not even just being hard; well, I guess they did end up doing that; but, as you said, not having the legal authority to implement; granted, some people aren't really worried about that type thing and sometimes if you have the right type person they can get things done even if they don't have the actual legal authority but I don't think they would be on here asking for advice; they would just already be doing these things that have been suggested. (now, to respond because I know it's me you're talking about; if you notice, I suggested private msg, which is probably what I would have done if I knew more how to do it; so I'm open to your help but having said that, neither the op - who, if you notice, I don't think has even been back, anyway, so not sure any of this matters - nor any admin, nor anyone else, has complained). Now, I would be glad to tell what's worked, except, to be honest, I've never found anything - I really believe, as has been mentioned, this has and continues to fill a need on mom's part and also I still haven't seen where the fear of mom losing her home is actually coming from.
As for the fraud alert on her credit, if you need POA, then go ahead and get it, or your mom is definitely going to lose her home and everything else. You can't just stand by and let this happen because I know you love her and you want the best for her. Putting myself in your shoes, I must say that had that been my family member, I would've already intervened as soon as I found out because we look out for our own over here. My foster sister is older than me, and she knows that I'm well aware of the dangers out there because I'm always telling her to be safe. She also knows I'm very protective of her and I don't want no one messing with her because if someone messes with one of my people, they've messed with me and there'll be no hole deep enough for them to hide in. If one of my family members was being financially taken advantage of, I would do all within my power to stop it, even if it meant having to do some things on my own to bring it to a screeching halt.
*I'm really believing in you because I believe you are smart enough to think outside the box and get very creative on this one. It may be hard, but definitely not impossible if you really think about it. Look at the much harder things NASA does every single day, they do things not because they're easy, but because they're hard. Look at the moon landing and many other things they achieved, all of which were much harder than what you're facing right now. If they can push beyond things like this, I know for a fact you're able to do something as easy as you're facing now because NASA would definitely see something like this as easy compared to what they do every single day. I'm believing in you right now because I strongly believe you've got the brains to succeed because now is a time when your loved ones really need you. Now is also the time you can draw on the strength and support of others as well as their skills. You can get you and your love ones through this, you're smart, you have the brains
Credit/fraud alert not really the issue anymore; that's where the whole credit card thing came from to begin with; that was the original issue with "squatter"/grandson; he either got the credit card or was given it but that's been stopped and closed by the issuing bank after all the charges were racked up, so might do the same with checking, since same bank so should know same issue, but just not sure how being handled but of course no longer issue now but if had kept up, don't see anyway for credit card to still being paid off like was and checks be covered as well.
but, who knows, maybe there might be something - at least, like you're saying, some "thinking outside the box", certainly I guess now, for sure