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Old 09-02-2016, 10:20 AM   #21
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Some people with imperceptible cognitive decline order things from TV - like $99 bottles of pills promising the fountain of youth - that turn out to be magnesium you can get for five or ten bucks.

There are cards you can 'load' with limited bucks.

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Old 09-02-2016, 10:28 AM   #22
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Originally Posted by Tailgate View Post
UPDATE.... DM sees her new digs for 1st time today. Planned move is mid Oct. She is very excited for her new adventure. I think she will absolutely love it and thrive in the new social scene.

I need some additional advice regarding her credit card debt . She has 12k in cc debt (don't ask me how, but I suspect it has everything to do with my worthless nephew who lives next door to her).

My original plan was to pay off the debt with proceeds from the sale of her home, but now think it better to continue to cut up the card and continue to pay a little more than minimum due monthly. That will free up 12k in cash to fund the shortfall between her income and expenses. Probably an additional years worth of independent living expenses. I would be kicking the cc debt can down the road. At 87, that road is probably a few years away. So the plan to fund monthly shortfall of about $1,000 would be:

1. from cash until it is mostly depleted
2. then from sale of 40k bonds
3. that get her to medicaid status in 5-6 years

Any advice, experience or expertise would be appreciated...
Thanks for the update. It's not clear what you plan to gain by paying the minimum on the credit card. That will result in substantial interest costs. Do you feel her assets will increase in value more than the CC interest rate?

Do you have power of attorney for her? I don't recall if that was mentioned in the earlier threads.

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Old 09-02-2016, 10:46 AM   #23
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Do you have POA? If so, exercise it. Register the POA with the county clerk then ask for multiple certified copies.

Close the account, cut up the card. Do it as POA. But before you close it, obtain a transaction report for as far back as you need.

If the worthless nephew is using her card number ordering crap online, then consider threatening to take him to court. Also credit card fraud is a crime and he could face fines and jail time. If that is the case, you have decisions to make what to do.

If there are fraudulent charges, the credit card company should be responsible for almost all of it. Let them go after the nephew.

It could be that she simply has failed to pay the bill for awhile, however. Checking the records will be very helpful.

My mindset is that it me off when people rip off their relatives, especially elderly ones. My BIL emptied his mom's bank account for drugs and alcohol while he was supposed to be caring for her as she was dying of cancer. DH and I visited and took care of her as best as we could, but with a toddler and full time work, it was very difficult. In my visits, I did more real care than the three brothers combined, DH included.
The result was that he forfeited any of the small inheritance he could have received, and forever ruined his relationship with his entire family. Neither brother speaks to him, 20 years later.

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Old 09-02-2016, 02:05 PM   #24
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I agree about investigating where the charges came from and if there's any fraud involved. The credit card could have been "stolen" and she not had enough judgement to close the account.

I wouldn't hesitate to file a fraud claim with a credit card company--especially on a relative that's taken advantage of a senior citizen that may be somewhat helpless in fiscal matters.
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Old 09-02-2016, 02:36 PM   #25
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Originally Posted by Tailgate View Post

I need some additional advice regarding her credit card debt . She has 12k in cc debt (don't ask me how, but I suspect it has everything to do with my worthless nephew who lives next door to her).
I used to do fraud investigation, including stolen/forged credit cards. First, contact the cc company and get back statements to give you an idea of what items were purchased. Does she still have physical possession of the credit card? If not, contact the cc company and let them know so they can close that one and send another, or simply close the card to new charges.

Do you have power of attorney? If not, you're probably going to need it so try to get that taken care of.

Legally, even if the charges were forged she is still on the hook for anything more than 60 days old. But if you come to find out that the nephew took the card, went shopping, and then returned it he may be eligible for criminal forgery charges. This may entice him to pay up. If not you have a hard family decision to make. I've seen it go both ways, some will press charges, some won't. More often than not the judge will make restitution part of the sentence. If you even suspect forgery make a police report of it now. Depending on how well staffed and trained they are they are they should be able to follow up on this. Where I worked stuff like that was followed up routinely.

Time is of the essence here because if there are recent forged charges the 60-day clock is ticking and security camera video is not kept forever. Most businesses do not keep it for more than a few months.

However, if he simply convinced her to buy stuff for him then she is obligated to pay the bill.

I heard the call to do nothing. So I answered it.
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