Lammy, 6 months ago you wrote us about this issue and you got some excellent advice. Can you tell us about what steps you have taken after that advice and in the last six months, and how it worked so far? Just trying to get a bit better picture here of what is going on.
My MIL did this. She thought it was ok to not pay the rent because it had increased at some point and she didn't think she owed anything to the landlord if they were going to do such a thing. Her plan was to wait til she was evicted then just move to the apartment next door. My husband had to start managing this by keeping her checkbook and writing her check out every month and having her sign. Eventually he set up automatic payments. That helped immensely. He also had to intercept her mail because she threw her bills in the trash. I hope you find something that works.
Ring APS and tell them you've been trying without success to get this sorted, and your vulnerable mother is about to be evicted.
The only solution I can think of is an emergency guardianship order. If that is an option, APS will be able to tell you what you need to do next. Meanwhile you'd better contact the landlord and explain, though have you already done that? What process has the landlord been through to action the eviction?
You state in your profile mom had dementia. 1) she should not be living alone. 2) she should not be in charge of her own finances 3) someone should have been appointed POA for health and finances. It is to late now if she has a diagnosis so the options are limited. You or someone needs to obtain Guardianship. If no one wants to be her Guardian the Court will appoint a Court Appointed Guardian they will assume all responsibility for her Health and Finances. contact Area Agency on Aging they may have Social Workers that can help with the process. Or contact an Elder Care Attorney. If this goes to court....and an eviction should go to court the Judge will most likely determine that she is not competent and would probably hold off on the eviction as this goes through the Guardianship process. (it would be a different Court and you would get a return date.)
baffles me as well...house down the street from me the family had not paid mortgage for at least 4 years and was in the foreclosure process for 3 Years!
Can you go over to her house, ask her to show you her checking account statements and checkbook register, and determine how much money she actually has in her account to pay the back rent? Can you supervise her as she writes a check for the back rent? Can you deliver that check to the landlord?
Please note that if she isn't paying rent she's probs not keeping good track of any other info. What the Mom has recorded (if anything) is most likely inaccurate. The OP's profile says the Mom has decline/dementia and vision problems.
When I took over my MIL's affairs, she had boxes and boxes of checkbooks she kept ordering, checks were inaccurately recorded in various registers and she had $930 of overdraft fees. Best to just take the Mom to her bank and talk to someone there about what to do if the daughter has no PoA, it's possible with the Mom present and giving her permission the daughter can be added jointly.
You're going to have to get tough. This isn't like she's buying too much stuff from QVC and hoarding it--she's literally going to lose her home (or apt).
If she simply won't see sense, you may need to consult and elder care atty and get help to get guardianship of her. It's not fun and nobody comes out of that happy.
IDK how you can access her banking acct w/o her OK on it. Sorry. Only legally overriding what she wants in lieu of doing what needs to be done.
This sounds like a mentally incompetent person. You probably have talked yourself blue in the face trying to get her to see how the eviction process goes.
If you've talked to her--and she's not signing over any kind of PoA to you or someone, you'll need to get 'legal' on her.
That makes answering this question a whole lot easier.
Time for placement in a facility. You can’t fault a person for not carrying out responsibilities if they are no longer capable of doing so.
I agree with Alva, more information is needed so that we can help.
The only solution I can think of is an emergency guardianship order. If that is an option, APS will be able to tell you what you need to do next. Meanwhile you'd better contact the landlord and explain, though have you already done that? What process has the landlord been through to action the eviction?
1) she should not be living alone.
2) she should not be in charge of her own finances
3) someone should have been appointed POA for health and finances. It is to late now if she has a diagnosis so the options are limited. You or someone needs to obtain Guardianship. If no one wants to be her Guardian the Court will appoint a Court Appointed Guardian they will assume all responsibility for her Health and Finances.
contact Area Agency on Aging they may have Social Workers that can help with the process. Or contact an Elder Care Attorney.
If this goes to court....and an eviction should go to court the Judge will most likely determine that she is not competent and would probably hold off on the eviction as this goes through the Guardianship process. (it would be a different Court and you would get a return date.)
When I took over my MIL's affairs, she had boxes and boxes of checkbooks she kept ordering, checks were inaccurately recorded in various registers and she had $930 of overdraft fees. Best to just take the Mom to her bank and talk to someone there about what to do if the daughter has no PoA, it's possible with the Mom present and giving her permission the daughter can be added jointly.
If she simply won't see sense, you may need to consult and elder care atty and get help to get guardianship of her. It's not fun and nobody comes out of that happy.
IDK how you can access her banking acct w/o her OK on it. Sorry. Only legally overriding what she wants in lieu of doing what needs to be done.
This sounds like a mentally incompetent person. You probably have talked yourself blue in the face trying to get her to see how the eviction process goes.
If you've talked to her--and she's not signing over any kind of PoA to you or someone, you'll need to get 'legal' on her.
I just wish you luck.