Who owns the cell phone?

[Deej]

If a person is gifted a cell phone and offers to pay the monthly bill (piggybacked off our their own contract/bill), who owns the phone, the gifter/payer of bill or the user of said phone? This is between sibling (buyer) and mother (solo user).

Also, buyer thinks she can block anyone she wants on gifted phone without mother's permission. Is this legal? TYIA

Note: User's bill used to be $10/month. Don't know what it is now.

EDITED: Sib gifted mom a cell phone many years ago. Sib just got an updated phone for mom and I don't know if this one is considered a gift, but sib still pays the bill. Mom is sole user of the updated phone. Sorry for the confusion.

 

[disneysteve]

I don’t totally understand your post but if someone gives me a gift, that item becomes mine to do with as I please.

If sibling is buying mother a phone, mother gets to use phone however she’d like. If sibling wants to control the use of the phone, then it isn’t a gift at all.

 

[MichaelB]

When it comes to family dynamics there are no rules and reason often doesn’t apply.

 

[RetiredAndLovingIt]

The person that is gifted the phone owns it.
Not sure I understand but it sounds like the gifter is trying to control the recipient. Cell phone bills are dirt cheap, I'd accept the phone and say thanks but I'll choose and pay for my own service or you can keep your phone.

 

[frayne]

When it comes to family dynamics there are no rules and reason often doesn’t apply.

+1 Preach it!

 

[FlaGator]

I pay for my mother's cell bill and have given her functional phones as we upgrade the devices of other family members.

I don't care what she does with it.

 

[Sunset]

When it comes to family dynamics there are no rules and reason often doesn’t apply.

Exactly...

If the mother doesn't like it, she can throw the phone away and go buy herself one she controls.

 

[brett]

Work it out among yourselves.....if you are adults.

This is a revolving door argument discussion involving family/friend dynamics.

One thing for certain....it will not get solved here to your satisfaction.

 

[pacergal]

I believe the phone is gifted to Mom and is hers, to do with as she pleases.

Phone plan is paid for and controlled by daughter, who unfortunately is reviewing the bill and blocking certain contacts of Moms, if I understand the question. (?)

It's a family relationship/personal privacy issue. A good discussion is warranted.
Mom could take the phone and go purchase her own plan, if she is able.

 

[cathy63]

The mother owns the phone. The daughter owns the contract for service and therefore has control over who can call her mother.

If mother doesn't like being under daughter's thumb, then she can keep the cell phone and get her own service and pay her own monthly bill.

 

[badatmath]

The only legit reason I can think to control mom's phone might be if she is not capable and has been subject to sending money to a nigerian prince . . . but I would just not be involved and get my own service.

 

[Chuckanut]

Mom can swap out the SIM card for the plan of her choice.

Is the cell plan service owner a control freak? Or is she trying to keep mom from falling prey to fraudsters? Or both?

 

[Texas Proud]

When it comes to family dynamics there are no rules and reason often doesn’t apply.

+1 on this....


But.. to add... how do you KNOW it was gifted? It could have been lent to the person as long as the person was willing to pay the bill... just being told by one person it was a gift is not enough...


Edit... not all phones have a sim that can be exchanged... mine does not... it is only good for Tracphone...

 

[Gumby]

My longstanding position has been that I will not put up with treatment from a family member that I would not put up with if a stranger were doing it. And they all know it, which helps keep them in line.

 

[Spock]

Dear old Dad went to the bank to withdraw all of his $ and give to some guy on the phone for safe keeping. He also hired a home health aide that was on the state Adult Protective Services registry for scamming a previous client (aide also had recent arrest records for dealing drugs).
So yeah. There can be a reason to block contacts without being a control freak. We also declared a list of potential visitors as persona non grata at his assisted living facility.

So step one would be to have a discussion with the sibling to see if there are reasons why.

ETA: If the sibling is paying the bill, how much the bill is now is irrelevant.