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Elder Law, Powers of Attorney, Living Wills (Advance Health Care Directives) : Includes Court Appointed Conservatorship, Elder Abuse, Durable Powers of Attorney, etc.
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  #1  
Old 09-15-2009, 12:02 PM
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Join Date: Sep 2002
Location: New Jersey
Posts: 33

Financially Incompetent


What is the name of your state (only U.S. law)? New Jersey

My cousin 61years old and the only child of her deceased parents is in jeopardy of being evicted from her apartment. She isn't financial skilled in handling her money and has misguided notions of the law.

The problem is she hadn't paid rent for 8 months due to an error made by the management, she claims but can't prove. Family gave her the funds needed to keep her in the apartment. This will not be possible again. My cousin never had the bank accounts(D.C.) of her parents legally changed into her name and when the subject is mentioned she get's upset and refuses to discuss the matter.

How can we have her declared incompetent of handling her fiances? No one else is trying to get her money but no one has any more money to help her. It is a fact that there is enough money in the account/accounts of her parents.

None of us can take her into our homes and we don't her to be homeless.
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  #2  
Old 09-15-2009, 12:06 PM
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Join Date: Dec 2007
Location: Thebes
Posts: 6,108
Quote:
Originally Posted by myys View Post
What is the name of your state (only U.S. law)? New Jersey

My cousin 61years old and the only child of her deceased parents is in jeopardy of being evicted from her apartment. She isn't financial skilled in handling her money and has misguided notions of the law.

The problem is she hadn't paid rent for 8 months due to an error made by the management, she claims but can't prove. Family gave her the funds needed to keep her in the apartment. This will not be possible again. My cousin never had the bank accounts(D.C.) of her parents legally changed into her name and when the subject is mentioned she get's upset and refuses to discuss the matter.

How can we have her declared incompetent of handling her fiances? No one else is trying to get her money but no one has any more money to help her. It is a fact that there is enough money in the account/accounts of her parents.

None of us can take her into our homes and we don't her to be homeless.

Solely being bad with money is not enough to declare someone incompetent. How does she seem to manage in other areas of her life?
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  #3  
Old 09-15-2009, 02:43 PM
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Join Date: Sep 2002
Location: New Jersey
Posts: 33

Financially Incompetent


Well, I can't really classify it. Let me explain when I said she get upset when we ask her to get the money she has under her deceased parents name.

She doesn't touch the account to change it because it belongs to her parents(they are deceased). She also refused to give there clothes away and put them all in storage(which she lost). She refused to use the insurance to bury her mom, she used funds from the account. While the bank clerk would allow her to withdraw funds until the bank clerk retired. It's a sad difficult situation for her family. We all try to help her but she refuses to face reality.

She has had several encounters with locals in her area some involved police being called. I don't believe she has ever been charged with anything(she isn't violent). She is well educated but is often mistaken for a homeless person due to her appearance. The family is in fear of having her evaluated because they don't want to see her institutionalized. She lives in Senior Housing because she was her Aunt's care giver. Since she isn't actually a senior(62) they(Housing) are trying evict her ASAP.

I just can't explain her.
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