Financial Abuse??

[mwebb]

What is the name of your state?What is the name of your state?What is the name of your state? Michagan

My 80-year-old father in-law has been in a nursing home for over a year. He is able to “comprehend” most issues however cannot communicate very well. He has also had some behavior issues, which prompted a review at a Mental Health Hosp. His wife has POA. Last week his son picked him up at the nursing home and took him to a Car Dealer to purchase a car. The car and the loan were put in the Fathers name, with the loan payments going to the son’s address. Obviously, the son does not have good enough credit to get a loan in his name and this was done without the consent of his mother. What can be done to rectify what occurred and can anything be done to keep this from happening in the future?

 

[BlondiePB]

What is the name of your state?What is the name of your state?What is the name of your state? Michagan

My 80-year-old father in-law has been in a nursing home for over a year. He is able to “comprehend” most issues however cannot communicate very well. He has also had some behavior issues, which prompted a review at a Mental Health Hosp. His wife has POA. Last week his son picked him up at the nursing home and took him to a Car Dealer to purchase a car. The car and the loan were put in the Fathers name, with the loan payments going to the son’s address. Obviously, the son does not have good enough credit to get a loan in his name and this was done without the consent of his mother. What can be done to rectify what occurred and can anything be done to keep this from happening in the future?

This is a tougher one with which to deal. The POA needs to petition for guardian over her husband to prevent this from happening again. The records from the Mental Health Hospital need to be obtained. There may be info in the records that could, not would, be relevant to invalidating the contract.

The POA needs to see an Elder Law attorney that deals with elder abuse and guardianships. The POA has the right to take possession of the car and even sell it. Unlike guardianships where the ward is declared incompetent by a court and cannot enter into any contracts, the grantor of a POA (your father-in-law) can. Do have POA seek councel immediately.

 

[mwebb]

Do we have any recourse back to the Car Dealer or Institution that made the loan? It should have been obvious to anyone of my father in-laws condition.

 

[BlondiePB]

Do we have any recourse back to the Car Dealer or Institution that made the loan? It should have been obvious to anyone of my father in-laws condition.

We here in cyberspace cannot answer that question. Have your attorney review the contracts and the hospital evaluation. I've seen some pretty wretched things done with vulnerable/incompetent elders.