Legal Question in Elder Law in Massachusetts
Bouncing checks and forgetting transactions
My mother is in her early 80's and until recently extremely on top of her finances. A few months ago she didn't pay a visa bill claiming she never received it and I helped her ask for a credit of the late charges etc. A month ago she bounced a series of checks, and yesterday called complaining of false charges on her credit card that, upon reviewing her bill, she definitely made without a doubt. I'm getting concerned, but every time I broach the subject of helping her pay bills, etc she yells and screams and won't talk to me for days claiming I'm trying to take her money which isn't true. Is there a better way I can approach this before it gets a lot worse?
2 Answers from Attorneys
Re: Bouncing checks and forgetting transactions
I agree with Atty Golden. The first step here is to have your mother evaluated. The behavior you describe often indicates an underlying medical condition. If your mother is no longer competent, you can have a guardian appointed for her - it may be you or some other person. If she is capable of managing other aspects of her life, but not her finances, you/she can consider a limited guardianship or a conservatorship.
Let me know if I can assist you in any way. Good luck.
Re: Bouncing checks and forgetting transactions
It's great that you're so concerned about your mother's welfare. I think the first step is to get her to the doctor for an evaluation to see if there is an underlying medical condition, such as Alzheimer's Disease, that may be causing these problems and changes in her behavior.
If it turns out that the problems are caused by illness and the doctor says that it's not reversible, you may need to go to court to obtain a guardianship or conservatorship, so you can manage your mother's affairs. In the meantime, you may want to give her bank a "heads up" that there is a problem -- they won't let you go on her accounts without her permission or a court order, but they may be able to put a watch on the account for her. You should also contact the Council on Aging in the community where she lives for additional help.
If there is a diagnosis of dementia, I also strongly encourage you to contact the Alzheimer's Association of Massachusetts (I'd post the link, but this web site won't let me -- the HQ is in Watertown.) They have a lot of FREE information and services to help you and your mom, and can connect you with a support group for caregiver children.
Please feel free to contact me if I can be of assistance.