Is Mom responsible for her bills if she has dementia?

1 answer | Last updated: Aug 02, 2011
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Caring.com User - Carolyn  L.  Rosenblatt
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Carolyn Rosenblatt, R.N. and Attorney has over 40 years of combined experience in her two professions. As a nurse, she has extensive experience with...
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From Carolyn Rosenblatt, R.N., B.S.N., Attorney: The question of who has responsibility for bills after dementia diagnosis can be tricky. Unless the court has officially declared a person incompetent, she See also:
With both my parents in the hospital, how can I pay their bills?

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is still technically responsible for anything that is in her name. In your situation, it is better to pay the bill, as no one took responsibility for turning off the electricity. Your mother, with you acting on her behalf, have a legal right to go after your older sister and her daughter for the failure to turn off the electricity (apparently this was intentional) and your niece for using the electricity without paying for it. Be cautioned, however, that suing a family member, even in small claims court can be very destructive of relationships. I suggest summarizing the situation in a letter to your sister and niece,and asking for reimbursement of the exact amount of the bills you have to pay from mom's account. What they have done could be considered elder financial abuse. You must weigh the cost of paying the bill from mom's money against the effect of trying to get "justice" against your sister and niece. Some things are not worth getting into a family fight about. If your mom has the money to pay the bills, it may be best to just let it go after you write the letter, and learn from the experience. The question of who has responsibility for bills after dementia diagnosis can be tricky. Unless the court has officially declared a person incompetent, she is still technically responsible for anything that is in her name. In your situation, it is better to pay the bill, as no one took responsibility for turning off the electricity. Your mother, with you acting on her behalf, have a legal right to go after your older sister and her daughter for the failure to turn off the electricity (apparently this was intentional) and your niece for using the electricity without paying for it. Be cautioned, however, that suing a family member, even in small claims court can be very destructive of relationships. I suggest summarizing the situation in a letter to your sister and niece,and asking for reimbursement of the exact amount of the bills you have to pay from mom's account. What they have done could be considered elder financial abuse. You must weigh the cost of paying the bill from mom's money against the effect of trying to get "justice" against your sister and niece. Some things are not worth getting into a family fight about. If your mom has the money to pay the bills, it may be best to just let it go after you write the letter, and learn from the experience.

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