My husband had a motorcycle accident and suffers from TBI. He is making several bad financial decisions I am having to correct. Can I prevent this?
Question Details:My husband suffers from TBI. He has problems with his short term and long term memory. He is making several bad financial decisions in his bank account that I am having to correct. For example, he received some money and bought a cell phone. He did not pay the bill for 3 months and they were threatening to cut the phone off. So even though he did not have the money in his account, he paid the bill anyways and has overdrawn his account. Now I am having to fix it since he has no income. Is there something I can legally do to prevent these things from occurring?
The first step is to get your husband to acknowledge this issue. I suggest that you have a doctor talk to him and you and explain to him that he is not capable of governing his finances anymore due to his condition. You do not want to be the one to tell him as he needs to hear this from a doctor. Then you need to see a lawyer to have the lawyer draft a power of attorney document that places you in charge of running his finances and making all financial decisions. Under this document you will control all his financial decisions and will be his protector. You will need to notify all creditors of you being POA. For instance, you will have to fax copies of the POA that you sign to your husband's creditors and let themn know that you are in charge and to talk to you from this point forward.
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