My Mom is in Assisted Living and has Memory issues. She had co-signed for my half brother's mortgage as he was getting a divorce. He has not been mentally right since my Dad passed 2 years ago. He has gotten a lot of money off Mom. He has recently been charged with assaulting an officer again, Suspicious Behavior, Trespassing, and other aggressive charges. Finally he was put into a Psychiatric Corrections Facility. He spoke of the devil and is not making any sense. ( no drugs involved) they could not do anything and he was transferred to another facility that has 8 beds and one to one watch and help.He will be in there for a very long time as this is court ordered. Meanwhile, his home that he can not afford has back taxes and is not being paid for. I had to get electric heater's to unfreeze his house. It has cost money for some help with the furnace, heating oil etc... I am taking care of Mom's bills and other stuff as POA. Now Jay's house,,,Too much for me!! Mom co-signed so she is even responsible for overdue taxes and house payment. What do I do???? Can I as POA talk to the bank in her behalf and sell the house? I know Jay can not keep his house and he may end up living in a facility for life. He is not even stabilized and not in touch with reality... What do I do??? Just when I thought it could not get any worst this happens,.....:(
Since your mother is deeply involved financially, and you are POA you will have to deal with the financial issue of the co-signing, and possibly other things you don't yet know about.
The first step is an Elder Law attorney.... do not delay this. The laws are too complex to deal with. The next thing I suggest you get a neuropsycology evaluation for your mother so they can diagnose in writing her dementia and the stage she is now in. Often the dementia is much worse than we know, so let the experts do this and request a copy of the evaluation. It probably will show she is not capable of making decisions. The 3rd thing which is a huge undertaking, but may be necessary is becoming guardian for your brother, or have the state designate a guardian for him.
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