Discussion » Questions » Life and Society » Do I let my mom blow her money or make her get her dental work? O_o

Do I let my mom blow her money or make her get her dental work? O_o

I'm my mom's legal guardian since she had a stroke, so I'm supposed to make sure she's not making any major financial or legal errors. At the same time, I'm also supposed to support her autonomy. Our usual financial discussions surround how she wants more cigarettes and isn't happy with the amount she can afford- to which end she calls me about once a week and asks for more, knowing she has no money until the month starts over again. When that fails, she tells me not to pay her housing and care bill because she thinks they don't earn the money. :/ 

Throughout her entire life, she only went to the dentist when her teeth hurt, so she has needed extractions and dentures for many years, which are not covered by insurance. She's getting an inheritance and I think she needs to spend the money on her dentist, but I'm willing to bet she's going to want to spend on random things. Pre-stroke, she would have done the same. Obviously, I can't force her to get the treatment, but I could theoretically refuse to let her have the money for anything else. And, I know she will be furious with me. No telling what a judge would say if it came down to it. Obviously, my goal is to get her on board with treatment, but failing that... 

If you were in my shoes, would you insist the money be held for treatment or let her spend it any way she wishes?

And, for what it's worth, she does get regular toothaches and goes in for exams, but then refuses to treat the tooth. Also, she's young, and could be around for another 20 years or so, so having functional teeth is kind of important and this may be the only way she'll ever be able to afford the care she needs.

Posted - August 2, 2017

Responses


  • 7126
    You're in a tough spot. Is there any way to split the difference and let her use half for what she wants? Also, can you work out a payment plan with the dentist so you don't have to pay everything up front?
      August 2, 2017 11:57 PM MDT
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  • 7939
    Yes and no. There's no money left over at the end of the month for a dental payment. Ever. Even just covering real needs, she goes over what she has each month and I pay the difference. 

    Splitting it, maybe... It's hard to explain. I don't know if you've ever known someone with brain trauma- something along the lines of a stroke, traumatic brain injury, or dementia. I kind of give a glimpse into the world with my blog "Helping My Mother Understand." I would feel really good if she used half of it toward dental expenses, maybe prepaid her cremation/ burial, and left the rest of that half for her incidentals that I've been paying for. The other half- she could knock herself out with. I wouldn't care if she blew it all at the casino in one go- I just want to make sure her true needs are seen to, but that isn't the way her mind works. She's not going to be happy if any amount is set aside- she will want every penny for things she doesn't need. Maybe she'll ask to move or want a dog she can't care for. Maybe she'll want to stockpile cigarettes and beer (the very things that caused her stroke). In any case, any amount I pull from the pot will be "too much" in her mind.

    I do like the logic and appreciate your thoughtful answer, but I still think it leaves me back at square one, because I know her, and I know she isn't going to be ok with any amount being set aside. 
      August 3, 2017 1:31 AM MDT
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  • 7126
    As is so often the case, I wish I had a magic wand that could take people's pain and problems away. I hope some of Harry's advice proves useful. Your situation certainly doesn't lend itself to easy answers. Sounds like she's not going to be happy with whatever you do, nor would the intensity of your battles diminish if you gave her every penny of the inheritance. Seems the bottom line is doing whatever you believe to be in her best interests, then continuing to fight the good fight. I really do wish you the very best.  
      August 3, 2017 7:10 AM MDT
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  • 7939
    Thank you.
      August 3, 2017 4:22 PM MDT
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  • 6124
    I'm sorry you're going through this JA.  You're between a rock and a hard place.  Since your mother doesn't have all her faculties, and since you've been given legal guardianship, you are expected by the court to make judgement calls that are in her best interest.  She may fight you on it, but you have to steel yourself.  Sorry to say, you need to start treating her like she's your own child.  What would you do with your own child?  That answer is how you should handle the situation.  FWIW, leaving dental problems unchecked can lead to infection.  I know for a fact that dental infections left untreated can lead to death.   Possibly the best way to handle the cigarette issue is to dole them out in small increments so it will stretch out the need to buy more.   Start working up a budget so you can put a little bit of money toward dental, burial, & anything else needed, each month.  When she asks, tell her she's already spent the money.  Have you done everything you can to find other government assistance for her?  Is she on disability & social security?  Welfare, Section 8,  food stamps?  If not, start checking into those and make applications.  If you manage to get more assistance, don't make her aware of it.  Just put the money away for the necessities.

    Sorry, but it's the best advice I've got at the moment.  Also sorry you have to be going through all of this sh*t.

    This post was edited by Harry at August 3, 2017 4:22 PM MDT
      August 3, 2017 5:44 AM MDT
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  • 7939
    I actually used to be a dental assistant, so I'm familiar. I've been trying to edge her into getting at least some of the work done for a couple of years, even if it meant just treating a single tooth.

    My mom is on Medicare and Social Security. The way it works is that she pays a cost share to her residence each month and she's allowed to keep about $100 of what SS sends her. Medicare covers so much. Her home, her physical care, food, prescriptions, and even Depends are covered. But, out of the $100 she can keep, we have to pay for a phone at $35 (free track phones don't seem to get service where she is), bed pads at another $30, and her carton of smokes are around $50... in other words, the money is more than spent, long before we get into hygiene supplies (deodorant, soap, shampoo...), hair cuts, clothes, or any other odds and ends. We meet with a caseworker every 3 months and a doctor every 3 months and each one asks her if she'll consider quitting smoking. She won't. That's the biggest money leak, but she holds onto it tightly, and she knows that it's at the expense of being able to go out and do things or buy other supplies. Medicaid didn't cover dental at all, but medicare will cover some of the cost of her extractions, but not the dentures. 

    The rules of guardianship are difficult and unclear. While you're expected to make decisions in the ward's best interests, you're also supposed to give them autonomy and respect their wishes as much as possible. So, I don't think a judge would give me crap about using my mom's money on her teeth only, but one never knows. I actually had a huge fallout with one of my siblings while I was taking physical care of my mom. I won't get into too many details here, but although I was making decisions based on what the doctors said, and had the support of one brother, the other disagreed with my decision. He and I have not spoken, aside from brief interactions about my mom's health, since the fallout- about two years ago now. So, whatever decision I make, I have to be able to justify it to both a court (if it ever comes up)and to my siblings. Granted, my brothers don't get a "say," legally, but I want to respect their wishes as well. Plus, they have the potential to make my life miserable if I do something that displeases them, so whatever choice I make, I will have to make with conviction that it's in her absolute best interests because there's almost a guarantee that at least one person in the family or a judge will question it at some point. 

    I do think the dental expenses are worth the fight over, and the answers here seem to back that up. Thank you for taking the time to give a solid response. :)
      August 3, 2017 4:50 PM MDT
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  • 10993
    Put yourself first. The two of you are going to battle no matter what. You know what is in your mom's best interests, so just do it; that's why you're in charge. Whether she gets dental work now or needs dentures because she didn't get it, you'll still need the money to pay for it. 
      August 3, 2017 9:01 AM MDT
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  • 7939
    Thank you.
      August 3, 2017 4:51 PM MDT
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  • 19937
    Having a mother with dementia, I know exactly what you're going through.  The difference, though, is that your mom seems to have some awareness of her finances while mine has not awareness of much of anything anymore.  She does what she's told to do because she cannot think for herself any longer. 

    If I were in your position, I would make sure that she sees a dentist.  Does she know how much of an inheritance she's getting?  If not, I would ell her the amount is much smaller than it is and put that money aside for her medical/dental needs.  Harry makes some good suggestions in regard to getting some government assistance.  I know that you don't live in New York, but be aware, though, that if she is eligible for Medicaid, they may require you spend down most of her money before they will cover her, so I would check to see how you can protect whatever assets she has.
      August 3, 2017 9:05 AM MDT
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  • 7939
    Thank you- you made some good points. Once it sunk in that my mom was getting any money, my first worry was that she'd lose all her benefits. Thank goodness inheritances are exempt. At least the research I did said as much. If not for that, I actually would have tried to stop her from getting it. They don't make you spend it down when you're trying to qualify for benefits- they outright deny you or cancel your benefits. And, the benefits are far more valuable than the inheritance. Oh my gosh. I fought for nine months to get her qualified as disabled, which was ridiculous because Wisconsin already had her receiving disability benefits, but Arizona wouldn't cough them up. :o 

    The kicker is that they're mailing her the docs. My aunt called me yesterday and asked if I received them. I verified the address and found out they sent them to my mom. Ugh. So, if she had the presence of mind to check her mailbox, she already knows. And, there's a possibility they may even mail her the checks. Double ugh. I have to work on that on my end because she can't keep track of anything. 

    Anyway, I'm sorry you're in a similar situation, but I appreciate that you have a unique understanding of the situation and am grateful for your thoughtful response. Thank you! Wishing you and yours all the best.
      August 3, 2017 4:59 PM MDT
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  • 19937
    In NY, they make you spend it down before they approve your Medicaid application.  They allow you to keep $14,500 or so for personal expenses not covered.  I supposed that's really only fair since the home that she's in costs $13,000 a month if you aren't covered, so we didn't have long to wait before she reached bottom.  They were mailing things to my mom at the home and I would find them in her drawer when I went to see her.  I managed to get all the addresses changed to mine, so now I get it all. 

    Good luck with whatever you decide.  It isn't easy making decisions sometimes.
      August 3, 2017 6:40 PM MDT
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  • 7939
    Yes, the law here is similar, but I think it's only something like $5,000 or maybe even $3,000. I don't know the exact amount anymore and it wasn't really relevant at the time. My mom really had nothing when she got approved for state Medicaid. They allowed her to move onto Medicare two years after she first qualified for disability, and it seems Medicare doesn't care how much you inherit once you're already enrolled. If she had other money, they might, but from what I read, inheritances are different. 

    Oh man, $13,000 a month? I know NY rates are substantially higher than costs here, but wow. My mom doesn't need memory care and her condition isn't progressive, so I'm sure that makes a major difference as well, but even still... medical care costs are insane. 
      August 3, 2017 7:51 PM MDT
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  • 19937
    New York is very expensive when you need continuous care.  When my mom first was having difficulties, we tried to keep her at home where we thought she would be more comfortable.  at the time, my dad was in the nursing home, also with dementia and a host of other issues.  She needed to have two 12-hour shift aides because she would leave the house in the middle of the night.  The two aides, round-the-clock were $8,000 a month, plus her rent and utilities which was another $1,000 and then food on top of that and car services to take mom to see my dad.  One day, one of the aides called and asked me to bring a fire extinguisher.  I asked why and she said that while the aide was in the bathroom, my mom hot hold of a pack of matches and was lighting them.  That was when we knew that we had to get her into a home and we got her into the same one, same room, as my dad.  Now, it costs us nothing because the home accepts her Social Security payments and Medicaid picks up the rest.  The best part is that I know she is being well cared for, there's someone around all the time, and my sisters and I can sleep at night.
      August 4, 2017 10:16 AM MDT
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  • 7939
    Wow. Thank you for sharing. It sounds like you've done a great job with it all and your story helps put things in perspective a bit. 
      August 4, 2017 1:34 PM MDT
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  • 19937
    I'm sure there are a few people who are in this situation and any time I can help make the situation easier to deal with, I'm happy to help. 
      August 4, 2017 1:37 PM MDT
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  • 22891
    maybe you can bribe her into giving her money for the other stuff if she'll get her dental treatment
      August 3, 2017 2:48 PM MDT
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  • 7280
    Yes, a difficult situation.

    If you live in a large city, there may be some help you can access that can give you good suggestions.  I suspect cities with eldercare services come across this problem frequently.

    Also, I once attended a "continuing education" class at a local community college when my mother was getting up in age some 25 years ago.  (The guy teaching it looked to be as old as Methuselah)  At any rate, you should be able to find additional resources---perhaps from her doctor.  
      August 3, 2017 5:14 PM MDT
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  • 3191
    I do not know how it works in Arizona, JA, but I have been in the same situation as you here in Michigan with a brother with a closed head injury.  Despite being given the responsibility, it turned out that I had little legal standing when push came to shove.  Guardianship did allow me to handle financial and medical matters for him, but essentially, while giving me the responsibility to do so, it gave me no actual rights to do so.  I know that sounds strange, it did to me, too, when I went rounds with the probate court over it.  I would check that first and foremost.  


      August 3, 2017 5:20 PM MDT
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  • 7939
    Hmm... I wonder if you're referring to the difference between guardianship and conservator. Some states split the two duties. The guardian can handle some financial affairs, but it's usually supposed to be carrying things out in accordance with the person's wishes. i.e. You can open a bank account, pay bills, and things of that nature. The conservator role is purely a financial one, and the rules go more into allowing you to invest on behalf of the person and engage in other similar financial things. You also have to submit financial records to the court, saying what the person brought in and how it was spent.

    When I was named my mom's guardian in Wisconsin, it was after they removed her husband as guardian for financial abuse. He took her Social Security checks and spent them on himself instead of paying her residence. So, the state wasn't going to name me conservator. Not a big deal. They appointed a company to handle her finances, while I had guardianship. However, when I moved her here, her WI guardianship ended, and I had to go through the process from scratch. In this case, I needed to be able to make financial decisions. In that case, I was named both guardian and conservator.  The second designation gives me the right to essentially veto her financial decisions when I feel it's in her best interests, but I also have to be able to justify why I denied her requests to a judge. Well, I have to be able to justify any action I take, whether she approves or not. There's just more potential for backlash if my mom, one of my brothers, or the judge disagrees with my decision, and, their opinion can be totally arbitrary. 
      August 3, 2017 8:23 PM MDT
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  • 3191
    No, I am not.  


      August 3, 2017 8:39 PM MDT
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  • 7939
    Interesting. I wonder why that is. That makes no sense to me. 
      August 3, 2017 9:08 PM MDT
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  • 3191
    Never did to me either.  I was charged with doing what was in my brother's best interests, and for the most part allowed to do so.  The one time it became an issue, the doctor did not disagree with me, but chose to side with my brother because...I don't know, he thought it in his best interest?  Or perhaps just did not wish to deal with him...he tended to be rather direct...putting that nicely.  Perhaps ease won over "best"?  I think so.  
      August 3, 2017 10:33 PM MDT
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  • 7939
    Ooh. I'm sorry. I have been there, sort of. When we were filling out my mom's guardianship paperwork for AZ, we needed a local doctor to say she needed a guardian. We had a good doctor. She was super sweet and kind to my mom, but she filled out the court paperwork with us there and turned to me and asked why she should say my mom needs a guardian. I said something related to cognition and my mom piped up right away, "Oh no! I am NOT incompetent and don't you dare say that I am." There was this period of awkward silence and the doctor said that she would focus on the physical disability instead. In a way, I felt bad for the doctor- we saw this dynamic playing out time and time again. Nobody wants to be the "bad guy." Her WI doctors were more firm with her and didn't sugarcoat things, but I know that particular doctor just didn't want to fight with my mom. 
      August 4, 2017 1:53 PM MDT
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  • 3191
    Being an adult's guardian, particularly a parent or older relative, is not for the faint of heart, but it is even more difficult, imo, when there is brain injury involved.  My heart goes out to you, JA...good luck.
      August 4, 2017 5:26 PM MDT
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