Power of Attorney and Credit

[briant]

What is the name of your state? TX

Hello,

My wife's grandmother has recently been put in a home (senior center). She was diagnosed long ago as having multiple personalities. She is incompetent.

My wife has been trying to take care of her finances. Unfortunately, it seems that during the last several years she has accumulated an amount of debt that exceeds what she can currently pay. Today someone came to our house and left a handwritten note on the door to my wife's grandmother. We called the number (using the provided extension and acct#). My wife was getting nowhere with the lady, so I had a try at it. She reluctantly told me that she was from URS and that she couldn't tell me what the matter is because she doesn't have proof of power of attorney. I got her fax # and told her we'd send proof.

Well, my wife doesn't have power of attorney because she said that it'll mess up her spotless credit. Is that the case? My wife and her grandmother do not have any shared accounts on anything.

On a side note, that really pissed me off that they sent someone to our house and refused to give me the name of the person who came here. I informed them that the person that they're seeking does not live at this physical address and they weren't welcome on my property....for whatever that's worth.

If someone could give advice on this I would appreciate it. Thanks, Brian

[Ladynred]

my wife doesn't have power of attorney because she said that it'll mess up her spotless credit. Is that the case?

Hogwash. Her grandmother's debts can in NO WAY affect HER credit. The only thing a POA does is give your wife the right to legally administer her grandmother's affairs. It can NOT affect HER credit.

I might also add that your wife has NO legal obligation to pay her grandmother's debts - except to use her grandmother's money to pay those debts with the POA. I would just write all of her creditors a letter telling them that her grandmother is permanently incapacitated, has no income other than social security (or whatever) and all funds have to go to pay for the nursing home care. Basically tell them there's no way they'll get paid until the grandmother dies -- and only then if she leaves any assets behind.

She reluctantly told me that she was from URS and that she couldn't tell me what the matter is because she doesn't have proof of power of attorney.

Legally the woman from URS was correct. BY law they cannot discuss debts with a 3rd party.

[briant]

Thanks. That helps a lot. Brian

[BlondiePB]

Originally Posted by briant

Thanks. That helps a lot. Brian

An incompetent person CANNOT sign a POA. Someone needs to petition for guardianship over granny and know how to sign documents so that the guardian does not make him/herself the guarantor of the ward's debts which is a common mistake that both guardians and POAs make.

[Forest Hill]

I had read at one time on this forum if you once advise a creditor you have a Power of Attorney they will then "hound" you to death with calls, letters, etc, expecting you to handle the financial affairs since you do have a POA.Right/Wrong???

[Ladynred]

I suppose it could happen, but if bills are paid on time as necessary, why would anyone hound the POA ??