Credit Cards and Alzheimers/Mental Illness

mashed_monster

Hi
My Mother has Alzheimers Disease, early in her diagnosis she ran up quite large credit card bills which my Dad has been trying to clear for the last 5/6 years.

I've been told that there was a change in the Mental Health act which meant that people in these circumstances could 'do something' to get debts written off (the cards were only in Mum's name, not joint).

Sadly Dad doesn't even know what is she bought/is paying off, who knows if she left bags lying around/whatever.

I just wondered if anyone knew anything about this as anything I could do to alleviate Dad's difficult situation would be a good thing.

He has been to Citizens Advice and they seem to think it's unlikely any debt would be reduced/written off.

Any advice would be great:)

bbelt

why is your dad paying your mums debts off?

you should jusr argue under basic contract law that she doesnt have the mental capacity required to enter contracts......

the case is John Louden V Elders Curator Bonis (1923)

An insane person (and insanity is not always a very precise concept at common law) has no capacity to contract although he must pay a reasonable price for "necessaries". The Contract will be void, even if one party is unaware that the other is insane, as was the case in Loudon v Elder's Curator (1923). Traditionally, some certified insane might have a curator bonis (one who has a care of goods) appointed by the court and all contracts would be made through him. Most of the provisions of the Adult with Capacity (Scotland) Act 2000, are now in force.

McKneff

I wouldnt have thought that 'early on in the diagnosis' you could label somebody as insane enough not to enter a contract.

She probably doesnt have the mental capacity to enter contracts now, further down the line but early on in the diagnosis of alzheimers most sufferers are pretty normal. And yes, i have had experience of it. My brother was diagnosed in his mid forties. And for 98% of the time for a long time his behaviour was normal.

Good for your dad for taking the responsibility of paying them off. Its what us oldies do for our loved ones.

mashed_monster

Although early in diagnosis, we had been trying to get a diagnosis for about 4 years beforehand so in hindsight, Mum's understanding wasn't great at the time. Certainly there is little or no evidence of what she bought (other than some bags with shoes which are not a size that would ever have fitted her, or anyone else we know).

We suspect she probably bought things and left the bags. We didn't realise at the time, but she didn't know what to do with money (in fact Dad kept putting it in her purse and it kept disappearing, but she didn't know what she'd done with it).

I'm only trying to find a way of alleviating some of Dad's money worries as I feel he has enough on his plate. He has paid the bulk of it back, if not all with the exception of interest.

I thought it might have been possible to get it written off/reduced in light of Mum's circumstances.

The thought of Dad potentially giving up his car (and ability to visit Mum at any time) to try to pay this off worries me......oh and believe me, Dad has done loads for Mum that go way above and beyond clearing debt! My Mum can no longer talk, wash, feed herself, her decline has been very swift. Please don't think I (or my Dad) are trying to dodge resposibilies. Dad should've taken her cards away from her (and doctors did advise him to do so), however it was difficult enough to accept what was happening to Mum without stripping away what he saw as her independence. Sadly, this was a huge mistake.

McKneff

I know how you feel and most people on would not judge you in the light of what happened. My brothers az was rapid from start to finish and unfortunatley he died from it 3 years after his diagnosis. He went from being in his prime to a wreck of a man who looked 90 years of age and knew nobody so i know what her family are feeling. Bless her and good luck to you all.

Why not try a solicitor, usually they will give you a half hour free consultation