Probably nothing can be done...but I will ask anyway...

[SearchMaster]

OP - other than this situation, what is your grandmother's financial situation like in general? I know this check on her main checking account bounced but that doesn't mean she's destitute. If she has the assets elsewhere, you just have a decision to make. The reality is that she owes the money - it's sad, but the thieves have already been paid and her creditors don't necessarily need to be punished for it and they will be paid by her estate when she passes.

If her assets are not sufficient to pay the debt comfortably, then Miramonti has some good advice about trying to negotiate the debt down. Assuming she won't need credit any more, then it really doesn't matter how bad they ding her credit. If her total debts outweigh her total assets, that strengthens your negotiation position as they would be happy to take pennies on the dollar now versus getting nothing ever.

 

[leeland]

I am POA for my mother, she has dementia/Alzheimer's and I feel for you. The scammers are endless that prey on these situations. Fortunately she is now in a care facility and isolated from having this happen to her now. It really depressed me when I started digging into her finances all the scams she had fallen for before I put a halt to all of it. I was pretty much told what you have been told here which is contact the state's attorney general etc. You are going to find that the true barriers are ahead when you have to deal with anything Federal, they don't recognize POA's so for Social Security etc. you will need to deal with their bureaucratic maze to get yourself declared as the person authorized to deal with her affairs. Oddly enough for taxes the POA is perfectly fine, go figure.

Thanks for the notes guys!

Regarding the SS / etc for POA, what was the process for you to get through on that part? I have no idea if that is something I should start working on now or when that will be important.

OP - other than this situation, what is your grandmother's financial situation like in general? I know this check on her main checking account bounced but that doesn't mean she's destitute. If she has the assets elsewhere, you just have a decision to make. The reality is that she owes the money - it's sad, but the thieves have already been paid and her creditors don't necessarily need to be punished for it and they will be paid by her estate when she passes.

If her assets are not sufficient to pay the debt comfortably, then Miramonti has some good advice about trying to negotiate the debt down. Assuming she won't need credit any more, then it really doesn't matter how bad they ding her credit. If her total debts outweigh her total assets, that strengthens your negotiation position as they would be happy to take pennies on the dollar now versus getting nothing ever.

Regarding her finances...

Once the dust settled and I became POA and started getting access to accounts I, like others have said, was totally shocked and sickened at the shit she had given money for...just a loss for words.

And the JUNK mail she gets on a daily basis is ridiculous, I am not lying when I say she gets a dozen magazines a day for shopping and at least 1 to 2 dozen mailers asking for money for some religious related organization...

I have what I believe is the majority of the stuff in front of me now.

Regarding this law suit, apparently the stupid debt consolidation company I am assuming has some legal POA because when I contacted the debt collector, he said he couldn't talk to me about negotiations even though I had a POA submitted to them because the company issued a letter saying not to deal with me on the matter!

I had contacted Discover about 3 weeks ago, and submitted a letter with the POA after the discussion. They wouldn't tell me anything because the account was closed and sent to collections. I don't know if I can still talk to them about this or if this truly is in the hands of the collection company. The collection company said they were in negotiations and that discover likes to get 70% of the bill, 80% if there is a home involved (which there is) but I chuckled and told the guy that the house is a dump, worth about 50-55 G and she owes about 43 G on the house so good luck getting money out of that if I can actually sell it.

One other note, it isn't just scammers that take advantage of the elderly. My grandmother has leased a car from the same dealer I am guessing for at least a decade or more. A toyota dealer. Never thought much of it, they were usually smaller cars, the recent car she has is a tiny Sion Xb, base model, no frills...they have her in a three year lease (not terrible) but the payment on the damn thing is 330 dollars...she could be leasing a BMW for that money!

There is one place she sent money to I have been trying to get it back for the last 2 months. It isn't much, it is a total sham though and now it is simply out of spite that I keep calling back every week asking for the money on a service she is never going to use and they insist they will send it but it never comes.

With all the other stuff going on I haven't dedicated enough time to harassing the place. It is a weird organization, the same elderly lady answers and EVERY time it is the same old story about a mix up or some other excuse.

http://www.catholicgoldenage.org/

IDK if anyone would have a recommendation on how I can put pressure on getting the money back by contacting "something" in their headquarters state PA.

 

[Stopsignhank]

Lee, I feel for you. I am kind of helping my sister in law who's brother had a stroke. They have separate accounts and she has no idea about how much money he has or how to access it. This weekend we went to their house to look on his computer to find his money. It turns out that he does not use any online banking, except for e-mails that he got if his account goes below $200.

My father in law got taken by a car dealer also. I have helped him buy his last couple of cars and was helping him look for his newest car. Then all of a sudden he drove home with a new car. He is still happy and love his car. He says he has less that 2,500 miles on it. Unfortunately when he drove it home it had about 9,800 miles on it.

BTW, Good on you for taking on the POA and taking care of her. That is definitely some good Karma for you.

 

[MongGrel]

We have been in a similar situation with my grandmother for a long time now, she would have been in dire straights 10 years ago if we had not intervened.

My brothers room mate's girlfriend that my grandmother and grandfather helped him even live in before my grandfather was driving her to the bank and having here write checks she could cash.

We pretty much got her into assisted living and got her out of my brothers house, and had to fight for several benefits.

We still are after some changes atm, even when she moved north for a while relatives drained things off her.

She still had a couple outstanding credit card debts, we basically told one that she has no income and they were cool and canceled it and ate what was on it, even though we had paid on it from our POA for a few years.

Bank of America still is calling and still seems to not acknowledge they are not getting paid.

Options my butt, give it up BOA.

My mother-in-law has moved here about a year and a half ago and we have to deal with her repeated hospitalization also, so it is like dual dealing with health care matters.

No one is doing that for me in the future, I'm predicting another solution in the future in my case.

I've been about ready to say screw it for over 5 years now, no one handed me a trust fund and we are just trying to fix problems after other relatives have raped some for all they are worth.

Enough ranting, that is already a wall.

I could rave about things for hours.

 

[s0me0nesmind1]

Given the amount of money (~$6k)? After interest I'm guessing it's way more - Does anyone here think a debt lawyer would be helpful?

I used my employer legal counsel to wrestle with some debt collectors for my mother in law - with a lawyer behind us (and honestly, the lawyer didn't do shit) we made them an offer on their ~$8500 debt that was APPROVED in court years ago and they are now garnishing her wages... we made an offer for $2k and they agreed. YMMV, just my experience, it was ultra helpful in reducing it.

That said - As far as her being ripped off by religious orgs, car lease, etc... That money is gone. Do not attempt to waste your time. You're only shot at getting that kind of money back is if it was never hers to begin with (e.g. credit card debt). No one will ever send you back money because you felt scammed - regardless of how close to a scam it actually was. You're only shot at EVER getting money back in life is simply by court order. Period. And something tells me the amounts are too small to warrant trying to get it back via court.

 

[s0me0nesmind1]

Regarding this law suit, apparently the stupid debt consolidation company I am assuming has some legal POA because when I contacted the debt collector, he said he couldn't talk to me about negotiations even though I had a POA submitted to them because the company issued a letter saying not to deal with me on the matter!

... Someone can correct me if I'm wrong here - but this bold seems VERY VERY wrong. Incredibly wrong. The ENTIRE point of a power of attorney is because the person responsible does not feel capable of doing it themselves. That is the ENTIRE point of doing a power of attorney. I don't think a company can say "Yeah, I know you're their power of attorney, but we refuse to acknowledge you and will only deal directly with grandma - even though grandma clearly stated she wishes to be represented by you".

 

[MongGrel]

... Someone can correct me if I'm wrong here - but this bold seems VERY VERY wrong. Incredibly wrong. The ENTIRE point of a power of attorney is because the person responsible does not feel capable of doing it themselves. That is the ENTIRE point of doing a power of attorney. I don't think a company can say "Yeah, I know you're their power of attorney, but we refuse to acknowledge you and will only deal directly with grandma - even though grandma clearly stated she wishes to be represented by you".

I have even had problems regarding POA's and how people accept them in the past myself.

You would surprised how people/organizations/USGov can try to dodge and make you dance around using those in certain ways just to accomplish something someone has an entitlement to.

 

[s0me0nesmind1]

I have even had problems regarding POA's and how people accept them in the past myself.

You would surprised how people/organizations/USGov can try to dodge and make you dance around using those in certain ways.

If you want money, a great way is actually lawsuits against debt collectors for improper practice. I believe there is a guy on the Fatwallet finance forum that makes a decent chunk of change off it.

That said, ignoring a POA and thinking you can dance around it is something I would be willing to investigate to the point of recording a call of them denying it and asking a lawyer if it's worth pursuing.

I'm not an expert, but I'm willing to place a $20 bet right now that a POA is not something you can ignore as a debt collector. Imagine if the person that owes the debt is mentally retarded and wants someone else to represent them. Do you think demanding to talk only to the mentally retarded person is anyway legal? Absolutely not.

 

[Linflas]

Thanks for the notes guys!

Regarding the SS / etc for POA, what was the process for you to get through on that part? I have no idea if that is something I should start working on now or when that will be important.

Regarding her finances...

Once the dust settled and I became POA and started getting access to accounts I, like others have said, was totally shocked and sickened at the shit she had given money for...just a loss for words.

And the JUNK mail she gets on a daily basis is ridiculous, I am not lying when I say she gets a dozen magazines a day for shopping and at least 1 to 2 dozen mailers asking for money for some religious related organization...
.

I have not actually started that process yet as my mother had it set up to automatically deposit to her checking account that I am a signer on. I suspect that once I start the process the monthly payments will stop until they officially designate me as the designated payee for her so I wanted to get her house sold to ensure there were sufficient funds available to cover her care even if her SS payments stop for a period of time. I just spoke to them and it turns out that in theory it is not as difficult as I anticipated. I go to my local office in person with a note from her doctor saying she is no longer competent to deal with her affairs and a copy of the POA. The woman I spoke with on the phone said that even though they don't officially recognize them it does demonstrate the the person trusted you enough to give you POA. In addition with my mother I am going to have to deal with a similar process through OPM as she receives my fathers Federal retirement benefits. Again she had that set up to automatic deposit to her account so there has been no break in benefits to date. Here is the link to the SSA page that has all the info.
https://www.ssa.gov/payee/
As for the mail I feel your pain. My now 87 year old mother is currently receiving Harper's Bazaar, Elle, Fast Company, Martha Stewart Living, Atlantic, Good Housekeeping, and Readers Digest. She was previously receiving in addition ESPN, Ebony, and a couple others I don't recall now. Out of all of those the only ones she would have subscribed to when she was in full control of her faculties are Readers Digest and Good Housekeeping. She must have already paid for these sometime long ago as they are not being charged to any of her current accounts. When I contacted one of the magazines they basically told me that it had been done through some 3rd party aggregator and I would have to deal with them to stop them. Since they are already paid for I just take them to the memory care facility and leave them there for any of the residents or caregivers to read. She also was scammed for a fake warranty on her car to the tune of $1600.00 a couple years back which when I called I got some Soprano's sounding guy in New Jersey that refused to talk to me. Then there was the ridiculously expensive quack medicine that promised to help with her memory issues to the tune of $700.00 for a box full. As I said there is no end to the scammers, just glad none of the Nigerians got their hooks into her for anything.

 

[shortylickens]

I cant help much with the bank, but I do have some other assistance.

Some time ago a family friend had a stroke. While she was recovering she noticed there was a serious lack of info on what to do AFTER the stroke. So rather than wait, she decided to write her own book.

https://www.amazon.com/Striking-Back-Stroke-Doctor-Patient-Journal/dp/0972383018

You'll notice there is a review by someone named Paulo Oliviera. He was the medical student who lived with her for a couple years while going to the U of M. He got to be friends with my dad as well.
The book has a lot of good insights on getting your life back together and is also a decent read for family members.

 

[leeland]

Given the amount of money (~$6k)? After interest I'm guessing it's way more - Does anyone here think a debt lawyer would be helpful?

I used my employer legal counsel to wrestle with some debt collectors for my mother in law - with a lawyer behind us (and honestly, the lawyer didn't do shit) we made them an offer on their ~$8500 debt that was APPROVED in court years ago and they are now garnishing her wages... we made an offer for $2k and they agreed. YMMV, just my experience, it was ultra helpful in reducing it.

That said - As far as her being ripped off by religious orgs, car lease, etc... That money is gone. Do not attempt to waste your time. You're only shot at getting that kind of money back is if it was never hers to begin with (e.g. credit card debt). No one will ever send you back money because you felt scammed - regardless of how close to a scam it actually was. You're only shot at EVER getting money back in life is simply by court order. Period. And something tells me the amounts are too small to warrant trying to get it back via court.

I am fine trying to clean up her debt on the credit card, what is pissing me off about that whole situation is I am 99% sure the stupid debt consolidation company said to not pay the bill and that they would fix this...the intent there being to drive up the amount and get a bigger settlement as he said it was 20% of whatever he saved my grandmother in negotiations.

Once I got the FULL picture of this craptastic sequence of events I now understand how this all came to be...and the one piece I don't get yet, is the card was opened in March...had a balance transfered in May 3 Grand, the following month a payment was made and a 4 G cash advance...then somehow a month later there is a charge to the debt consolidation company of 500 dollars...

I can't even understand how they found her so fast after she got swindled...it is like there is some list out there of people to try to scam lol.

That being said, I jumped through multiple hoops as I said earlier trying to get dialed in with this debt collector company so I could try to figure out what was going on.

Now...that i gave them (debt collector) some background on how it happened, that i am willing to work with them to negotiate a price and that i have no real interest of dealing with this dick brain debt consolidation guy...the debt collector said the debt collector protection guy sent a memo for cease and desist, as well as a letter that said something along the lines of him representing her, and that I was essentially not allowed to negotiate with the debt collection company...

From a legal standpoint they weren't sure since they hadn't apparently had a fucked up situation like this before and had to go to their own compliance department for review (seriously I am going to write a book about this).

Then last night the debt protector company called my grandmothers house asking to speak with me, I am also supposed to call the debt collection company.

Which should I call first lol? Any recommendations?

I have even had problems regarding POA's and how people accept them in the past myself.

You would surprised how people/organizations/USGov can try to dodge and make you dance around using those in certain ways just to accomplish something someone has an entitlement to.

Sounds like you and I are in a similar situation with turd family members not being very helpful! Sorry to hear that, it is nice that you are doing the work!

 

[Stopsignhank]

Lee,

We are a bunch of amateurs. The real people you want to talk to are https://creditboards.com/forums/ That is where the Fatwallet people recommend people go with any credit problem.