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1. We made my son her financial POA. It would've been me but by that time I'd become my mother's enemy in all of this because I wouldn't let her "win money."
2. ONLY my son has access to her bank account, not even she can access it on her own. He goes to her bank once a month to withdraw her Social Security check and get a money order for the rent, which is what her check is used for. There are no automatic withdrawals coming out of her account.
3. She can no longer have online access to her bank account and neither can anyone else.
4. I spent months and months trying to deal with the issue of phone calls from scammers. She'd actually formed "friendships" with these scammers and they'd talk to her for an hour or more, getting information and making her think they were friends. I tried blocking the numbers, then blocking the partial numbers because they simply change the last 4 digits of their phone numbers to get around any blocks. I tired answering the calls before she could. Nothing worked. I eventually ended up having the land line removed and now we only have my cell phone. This was the ONLY thing that finally stopped the calls.
My mother does not have a check book or a debit or credit card. She literally has a checking account in name only, my son is the one who accesses it. Now that her dementia has progressed she really isn't aware of this anyway, she thinks she goes to the grocery store and buys this or that.
I'd recommend taking the credit cards away. Yes they'll be angry and it'll be very difficult to do but you must choose between that and having your parents in so much financial hot water. I'd even look into parental locks on the internet to where maybe they cannot look up the sites they're looking up (I'm not sure but I think there are security programs where you can block certain types of sites like those get rich quick sites).
From going through this for so long with my mother I can tell you that trying to convince them, explaining to them, even proving to them that these are scams will not work. I tried that do many times, I even showed my mother the government website that talks about different types of scams and what not to fall for - it did not help at all.
I wish you luck - it really was a terrible experience for me, it seemed to last forever, I did not want to take the huge steps I ended up taking but once I did there was at least some very much welcomed peace.
The first quesion is why, per your profile page, are YOU the one responsible for 5 elders? One is hard enough, two, usually a married couple, is beyond difficult. Although some have medical issues, they still require help and take time. One person can't possibly do this alone!
As to your parents and the financial woes:
1) have either been determined to be incompetent? Dementia? Doctor confirmed?
2) if answer to #1 is no, your POA isn't likely activated - read it to see if there are criteria for when activation happens. Generally it's when the person becomes incompetent.
3) if the answer to #1 is yes, you could take action, but that might only impact one of the two
As many note in various threads on this forum, bad decisions are not enough to determine someone being incompetent. In those cases, we can mainly watch the horrific story unfold! You could try a consult with EC attys (many offer a free initial consult) to see if there's anything you can do legally, but if neither or only one has been deemed incompetent, your hands are going to be tied!
You can try talking and explaining, but it seems that you have tried this and it's had no effect. Even if you show them the proof, at least step mom goes back to the guarantees. Clearly they believe all the garbage promoted regarding money back, get rich quick, benefits of likely bogus pills. Most likely they are not going to listen to you. Even with legal backing, getting back money at this point isn't likely to happen, esp for anything in past months AND charges they themselves authorized. With legal assistance, there may be ways to mitigate, but it would require a lot of effort and will cost a bit.
Do they live alone or with you?
Do they own their own home?
Is that home, if they own, paid for?
If their own home, are their other bills currently paid up to date?
Is there anyone else in the family assisting you with these 5 elders?
To take credit cards/set limits, basically to do ANYTHING w/ their finances, you need to have legal standing, either a legitimate activated POA (with help from atty) or guardianship.
If they live with you, I'd cut off their access to the computers, asap! Your home, you CAN do that. If they live on their own, I don't recommend you mess w/ their systems, but perhaps disable the connection, temporarily until such time as you can get legal advice. If you can do this, keep them at bay, tell them you're working on getting it fixed.
One method of taking control of finances DOESN'T require an atty - file to be rep payee for their SS. If you can document all this, they *might* grant the request. Make appt at the local office, if possible. They'll mail notice to you AND them regarding this request once you file it, so the parents will have notice. They can fight it. I didn't have to bring my mother, POA makes no diff, and no proof was requested for incompetence (federal agencies don't honor POAs.) They asked questions but never looked at anything I brought with me. They filed the request and it was approved. A notice was sent to mom, but by that time she was in MC and the nurse didn't give it to her. I was using her SS funds to pay bills, but legally SS doesn't approve of this. In mom's case, I had to do it because we were selling her condo and I could not change her address w/out being rep payee. If they approve it, the 1st checks will be mailed to you AS rep payee for them. Keep records, they require reporting at year end. After 1st checks, you can set up a rep payee acct that only you can access and have the funds electronically deposited. Even w/out POA, you could ask their billers to change their BILLing address to yours, so that if you get approved you can pay their bills.
The only other option I can think of is to call social services, explain the situation and request any help or advice they can provide. Add'l note to be added as a comment to this comment:
IF the doctors won't work with you, another option is to find an aide agency who can perform these tests. I wasn't aware they did this, but we were hiring minimum coverage to check on her and whether she took her meds, with the intent to keep her in the condo as long as possible. Before setting anything up, they sent a nurse - covered by Medicare, even the follow up visits. She did test mom in her own place, with me and my YB present. This test was MUCH more comprehensive than the one our doctor's office did last year (attempted with mom, unclear why since she was in MC 2 yrs already!) Comparing their test on her and me with the more extensive one the nurse did was like comparing grapes to a watermelon! She confirmed what I already knew - mom was in early stages of dementia, and then recommended getting a timed locked pill dispenser for her meds and a few other suggestions.
I'm not sure that would qualify to determine them legally incompetent, if they can't "pass" the test, BUT it's a start. With the feedback from the tests, you could push back on the doctor to have more testing done.
The only good thing about dementia is that with confirmation we CAN stop this kind of behavior, stop the draining and then manage finances!
However, sadly, if they "pass" the test, legally you would have nothing to back you up and would have to watch this tragedy continue. An EC atty might have some ideas, there might be ways to get partial conservatorship via the courts IF they can show enough to convince the judge (conservatorship is for managing finances - guardianship is for managing the person/medical.)
My sympathies to you in all these horrible situations! PLEASE, do find someone who can help - trying to provide care for 5 elders is going to overwhelm you, if it hasn't already! Social services might have some recommendations for tackling the others as well.
The credit card that was used for these transactions should be rendered closed for any FURTHER USE.
That doesn't mean one should sit on it and let it continue. If there is any way to get a Dx of dementia, that would be VERY helpful. Seeing an EC atty should be the first step (after getting Dx, if possible.) The atty can discuss various options, if any are doable, to get this under control.
"1702
A federal statute known as 18 USC Section 1702 makes it illegal to open correspondence addressed to someone else."
and
"Is it illegal for someone to open your mailbox?
Generally, yes, it's illegal to open someone's mailbox when your intention is to open or destroy the mail. The only exceptions are when you have the owner's permission, or you are handling the affairs of a person who died."
DON'T SPEW GARBAGE IF YOU DON'T KNOW WHAT YOU'RE TALKING ABOUT!
You CAN'T just "get" a POA. The person or people GRANT this to you and there are stipulations as to when these can be put into effect.
And PLEASE stop calling these people stupid. VERY stupid even.
Finally, your last word is so uncaring - telling people that if their VERY STUPID seniors won't toe the line, walk away and never help them again.
You really are some piece of work. What kind of work, who knows. Useless in my opinion. I am glad I am NOT related to you and have no business in common with you!
Are your parents suffering from Dementia?
If not you cannot use a POA to stop them because they still have a right, without a diagnosis to spend their money as they like.
My advice is to see an elder care attorney at once and pray it is someone with some good advice as to what you can and cannot do.
I doubt you will get back the money if no stop payment can be accomplished. You will likely not get it back from any company. You may need to seek guardianship over their money. I hate to tell you this, but there are elders who have lost literally 100s of thousands of dollars. There are scamsters that actually have them picked up by limo to go and get gamecards and such at stores. Please do all you can and do it fast. Canceling the cards won't deny them access to accounts. The scammers will mark them and share them and the money can go fast. I am so sorry. Please seek the help you can right away. You are going to have to act in their best interest if you are ABLE. If you are unable the POA itself cannot protect them. If you are able to get money moved from their account to CD without early withdrawal that may help protect some money. I hope others have information for you. But I would say see a lawyer.
2) if you think that they are getting scam phone calls, there are cell phones that are marketed to parents of young children. There is a half dozen numbers that the phone can call out to or receive numbers from.
3) There are 3 credit reporting agencies. Write a letter to all 3 and include a copy of the power of attorney to not extend credit to your parents. State that you are making this request to protect them from exploitation of vulnerable adults.
4) Try contacting the credit card company to reduce the credit limit to just above the current balance, before taking away their credit cards.
You risk your parents withdrawing the power of attorney. So, walk the line of taking reasonable steps, yet preserving their dignity and agency.
The letters, even with the POA, might not be sufficient. Doing this online might be quicker, but should be done WITH the person, just to cover the "law", aka no one should use anyone else's online account, even with permissions! If you explain the FREEZE information below to them and stress this PROTECTS them but doesn't disable their current credit (which it does NOT), they will be more likely to work with you. Just be sure to make note of the PIN and which company it is, in the event you ever need to unfreeze it. These PIN numbers will likely come in the mail, so beware!
Also, the credit bureaus do NOT extend credit - they report on various factors that other financial institutions use to determine credit-worthiness, such as paying on time vs late, how often payments are late, total credit vs available, and other factors and also use this info to determine int rates.
What you want is a credit FREEZE. This is now FREE for everyone, passed by law after the last breach. This can prevent anyone opening new credit accounts (any kind, not just credit cards), applying for jobs, rentals, etc.
What a Freeze will NOT do is protect the current accounts. You would have to work with the credit card companies to reduce limits, negotiate any reductions, freeze or cancel the cards. Of all the contacts I had to make to change billing address, etc when taking over finances for mom, the CC company was the biggest PITA!
I went up to fix ONE problem and found she was doing this with a lot of things. Yes, she was embarrassed as she cannot use her cell phone and she was just in tears over these CC charges she felt she shouldn't have to pay.
Took HOURS to get ONE charge reduced to about $60--3xs what the item cost. I also cancelled the catalog, at her request. Next month she is begging me to reopen the catalog for her as she 'loved the cute stuff in it'. I refused, so maybe one of the other sibs did it for her.
She is 100% in lock down, has been since March. She goes to the grocery store and sits in the car with the A/C on and wears a mask. YB does her shopping in about 20 minutes. She goes absolutely no where else. Yet, everyday she gets something in the mail.
Now she's ordering and hoarding puzzles. She'll do one once, then rebox it and have it to go to the Sr Center. Problem is, the Sr Center is closed and will be for months, I'm sure. It may not open even next year. So--in her tiny apartment are about 100 boxes of puzzles. I've offered to take them to the Center where they will sit, unopened for ages--at least get the out of the way, but she wants the 'recognition' of being the one who gifted all these puzzles (and an equal number of books) to the Center.
On top of this she gets clothes every week, also. As long as she doesn't overspend, we're OK with that. And yes, it does relieve her boredom. I wish she could use her phone to call a friend, but she can't. I also wish she could use the internet...just reading about new things is a boredom buster--but she can't even log in to her computer.
Luckily for us, she is pretty tight with a dollar. She just loves to buy garbage is all.
It took me a while to realize that money spending was curing her boredom, but when I found boxes and boxes of brand new unopened things I hit the roof. She was hiding her rip offs from me because she was embarrassed. “You can survive embarrassment,” I told her, “but being broke not so much.” Several trips to the post office later I think she got a third of her spendings back.
Unfortunately, you may need to be the one to follow up on the scams. Contact each company and demand repayment. Work with your parents' bank and Better Business Bureau on this. You may have to file police reports so the crooks get caught - and stop victimizing other vulnerable seniors.
I called the bank and had them reissue me a new debit card and I was able to change the PIN. Even though I had removed the original card from her wallet. I never use it for anything. I thought I might need it to take out cash for her to spend once in awhile but that is not the case.
It sounds like you are helping them with their finances somehow already. You need to have a serious conversation with them. Their CCs will be canceled if they are not able to pay and their finances are already in jeopardy if they are spending more than they make. Don’t worry about hurting their feelings. It is not an easy. Good luck!
my parents are nearly as bad answering the phone and giving their credit card number over the phone to all kinds of "groups" saying they are something like a Vets group but they have no way of knowing. Mom even gave her card number who told her they could stop ROBO calls for a fee. Mom loved talking to some foreign lady who called her nearly every single day trying to get her to buy something or give the card number. my mother is oblivious to their account balances-goes overboard with purchases that she makes online with assistance from others. all this is madness. I am not their POA and history has proven they will do what they want no matter what.
You could say the credit company is sending a new card-like they do from time to time-get your name on it too so that you can monitor purchases if you do give the card back. I personally wouldn't it took a long time to untangle my sister's money mess.
These all sounds like people who are not just overly trusting and gullible, but rather having trouble detecting false claims and falling for all these scams! This is one area that mom didn't fall into when she started down the dementia path. She was having trouble getting the regular bills paid properly (errors on checks, late, giving tip via payment for newspaper, but also leaving a tip for the delivery guy. When I took over, that clown didn't get another dime all year! She only got the Sunday paper, so about $70 or more in tips for 1/2 year? I think he got enough!
I would find some way to have them tested, and if you have POA, get it activated! If I had waited, mom might have eventually become a target like these and others I'm reading about in this thread. Her CC company was the most difficult. They had to have a copy of the POA and then allowed me to talk with them, get phone inquiry on balances, etc, change address for billing to my address, but they refused to allow me online account or to order new cards for her (call HAD to come from her phone and she still had to okay me talking to them - that was SO much fun, when she couldn't hear them!) I even asked by letter to set up alerts when the card was used, so I would know. Nope. The only request they did grant was to reduce her credit limit (was about $14k, which was dangerous as she rarely used more than $1-200/m and paid it each month!
Early dementia isn't always just being forgetful. It can and does affect other areas of the brain and this could be signs of it. The only "cure" is to get it identified and pull in those financial reins!
Unfortunately, all you can really do try to keep an eye on things and talk to them. My FIL is still "competent" (That part is somewhat debateable to us, but his doctor doesn't seem to think he is anything but stubborn and self centered and just doesn't want to do what he should) So we don't have any control of his finances or his decisions. I do sit down with him or call him any time my sister in law ( lives with him) discovers another call he's in the middle of where they need his personal information. Thankfully we've been very lucky up to this point and she or her husband have interrupted him in the process - because he can't hear and he can barely type on a phone or see what he is doing, he often has to ask for help. As soon as one of them gets on the phone, the caller usually hangs up.
We've talked over and over about how there are no magic pills, no free money just especially for him ( at first he was of the belief that other people were being scammed but at HE was important enough for it to actually be real...sigh)
We've gone through how diligent he is about garbage diving scammers and explained to him that he is much more likely to get scammed on the phone or internet than someone going though his garbage for his name and address. We've explained to him that just about anyone willing to spend less than a dollar can get all of that information without leaving their home. We begged him to stop answering his phone if he doesn't know who it is. We THOUGHT we had finally gotten through to him only to learn that his newest obsession is answering and telling them they are scammers and having long conversations with them. Sigh...I explained....again, that some scammers just need to record his voice saying certain words and they have what they need to do other things. He thinks he is one-upping them.
So my final approach - because he is a serious narcissist and his major issue is thinking he is better and smarter than anyone and that no one can get the best of him - has been to tell him this. "We have talked about all of the ways that scammers can get you, and yet you still continue to answer the phone and engage with them, sometimes to tell them you know they are scammers, and other times to try get whatever it is they are promising you. You have been exceptionallly lucky that you haven't truly been scammed yet, but you have to understand that when you are, and frankly it is when because you refuse to practice safe behavior, you have to understand this...we can't fix it for you. We have been able to help you with issues you've had in the past with reputable companies that you misunderstood, but we cannot negotiate with invisible scammers who take everything. And when that happens, and we can't get your money back, you are going to feel really silly that you didn't listen to us"
I don't know how much good it does. He still answers the phone, he still does stuff that makes my hair stand on end. But at the end of the day, he's still compentent and gets to make really bad choices if he wants to. We can only advise him ( and he is ALWAYS going to know better than we do) and hope for the best.
Unfortunately scammers tend to prey on the elderly and if they engage, their number or email address is sold to hundreds of others just waiting in line to strike.
Show them proof that the money back guarantees are false.
In short, show them the numbers.
Find your father more conspiracy theories to enjoy, the sillier the better - as long as there are no payment portals on there.
Quick fix - try to ensure that their credit cards are kept well away from the computer. You could, for example, get them a lockable petty cash box to be kept in a kitchen cupboard for that purpose. Explain that this way thieves and pickpockets will be foiled. This will slow down impulse buys and subscriptions, at least.
If your parents don’t understand how much they are wasting, they ought to be OK about a monthly/ annual budget and a top up limit, as they don’t think it will be necessary to top it up. Then destroy the credit cards -or keep them yourself if they have normal bill debits which would be a trial to alter (and check for those repeating magazine subscriptions etc). Your parents' anger will come later, when the limit kicks in, and by then the problem ought to be easier to explain. Worth a try?
It is easier to dispute credit charges, but in the event that they are initiating the "purchases", more than likely that money is all lost.
Although I have the ATM/debit card from our financial institution, I never use mine to purchase anything. They can suck out all you money in an instant! At most a few times/year to make withdrawals, but most of my biz is by credit or a few checks (pay all regular expenses via bill payer, which I initiate, no automatic bill paying for me!) Sure, if it is clearly stolen debit info, you can get refunded, but it takes time and effort! No thanks! I do use a card tied to my mother's account to make purchases for her or get cash for the hairdresser (am on the account and keep only enough to cover her monthly costs for MC and a few necessities), but that's about it. There are few purchases, and most of the time there is no real money to be had! So far so good...
(I did not fall for that one).