Legal Question in Elder Law in Alabama

debt protection

My grandfather had a stroke, and my grandmother has middle stage Alzheimer's disease. My mother is one of two primary caregivers (her sister, Sally is the other). My grandparents explicitly asked my mother to handle their finances as they could not trust Sally after Sally had years of financial problems. As my grandmother's mental condition recently worsened, Sally took over my grandparents' finances behind my grandmother's and mother's backs. (Since Sally has been allowed to live on my grandparents' property for years, she has 24 hour access to the checkbook.) My grandparents do not understand the need to give power of attorney to someone. Aside from the concern about covering costs for my grandparents' care, my mother is concerned about being liable for any debt if Sally misuses my grandparents' money as my mother's name is still on the checking and savings accounts (along with Sally's). The checking balance is quickly dwindling from frivolous purchases. How can my mother protect herself if her name is still on everything, yet has no control over the money/credit decisions?


Asked on 3/02/09, 6:04 pm

1 Answer from Attorneys

William Nolan Nolan Elder Law LLC

Re: debt protection

The best course of action is to hire a local elder law atty to handle a conservatorship/guardianship petition for you. That is about the only way you can avoid Sally having access to the checkbook. Go to naela.org and find the find a lawyer box on page one and type in your zipcode for a search. Connie Glass is in Decatur and she is really good.

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Answered on 3/02/09, 7:56 pm


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