Obtaining credit cards
my mother has been diagnosed several months ago with dimentia. I have power of attorney. My nephew has acquired several credit cards in my Mom’s name and is having them sent to another address and he is listed as secondary card holder. My mother is on a fixed income and I just found out about these debts that she did not make or authorize. He also took her to an attorney to get papers signed, of which my mother does not know what or who the attorney was due to her mental condition. I need to know if I should file have bankruptcy on these debts or if this is a case for the Commonwealth for this. No one in my family is aware of my POA. Which direction should I take. Thank you.
Re: Obtaining credit cards
From your description of matters, it’s not clear whether your nephew has committed some form of fraud in getting himself listed as an authorized secondary user on your mother’s credit cards or whether she authorized it. If the latter there, apparently, would be no crime. However, of course, if your nephew forged her signature on the application for his secondary status, then it could well be a “case for the Commonwealth”, to use your phraseology.
Either way, as holder of your mother’s POA, you
should immediately write to the card issuers requesting that your nephew be cancelled off of these cards ASAP.
Michael E. Hendrickson
Attorney & Counsellor at Law
211 North Union Street Suite 100
Alexandria, 22314