| Author |
Family Matters:  need legal help and some advice  |
|
|
emsmommy5
True Blue Farmgirl
1547 Posts
Angie
Buckley
WA
USA
1547 Posts |
 Posted - Sep 25 2010 : 08:19:06 AM
|
Here's the short story.... We have CF living with us again. He is now 18 and got kicked out of his house (again- 3rd time) by his obnoxiously verbally abusive parents. He's a really great kid and we just love him!
The latest issue.... last night his mother texted him to tell him that she had "changed" the name on the orthodontist bill to take their names off and make him the responsible party so he'd have to pay now that he's 18. This also comes on the heels of telling him he was now responsible for a doctor bill. And going into his bank account and taking money out without asking.
It's day after day of harrassment. That part we are working on with him. But I don't think it is possible or even legal to just tell the orthodontist you are no longer paying and now the kid is responsible. He was a minor when they started treatment and he didn't sign a contract with them, the parents did.
How do we deal with this? Is it legal? What's next? grrrrr
Do what you love, love what you do. |
|
|
Alee
True Blue Farmgirl
22937 Posts
Alee
Worland
Wy
USA
22937 Posts |
Posted - Sep 25 2010 : 08:36:35 AM
|
Angie- I work for a bank. The first thing he should do is go and close down any joint accounts he has with his parents. Now that he is of the age of majority, most banks will let any of the people with transaction authority close down an account unless it is in a Court Blocked account or an UTMA account (uniform gift to a minor account).
I am not sure about the doctor and orthodontist bills. I would assume any past treatment while as a minor would be the burden of his parents, however progressive treatment he might have to pay for. If he can't afford that he might need to have the orthodontics removed.
Alee
Farmgirl Sister #8
www.farmgirlalee.blogspot.com
www.allergyjourneys.blogspot.com
Put your pin on the farmgirl map! www.farmgirlmap.blogspot.com |
 |
|
|
emsmommy5
True Blue Farmgirl
1547 Posts
Angie
Buckley
WA
USA
1547 Posts |
Posted - Sep 25 2010 : 10:26:53 AM
|
He's went to his bank and told them his dad doesn't have permission to use the account anymore. But, according to the bank the dad has to sign papers to make it "official"- I suggested he change banks. However, he's still holding onto that glimmer of childish hope that they will be nice. It's a tough road for one so young to have to travel. But, he is getting stronger day by day. At least now he will turn off his phone and not get caught up in the melodrama of the moment. Baby steps!
Do what you love, love what you do. |
|
|
|
melanie47601
True Blue Farmgirl
1949 Posts
Melanie
Boonville
IN
USA
1949 Posts |
Posted - Sep 25 2010 : 12:53:07 PM
|
That poor boy. My heart breaks for him. I wish there was some helpful advice I could give, but unfortunately I don't have. I just have hugs and prayers to send. :)
Melanie
Be the kind of woman that when your feet hit the floor each morning the devil says "Oh Crap, She's up!"
Blog~ http://wheelsarealwaysturning.blogspot.com/
|
|
|
|
Faransgirl
True Blue Farmgirl
895 Posts
Beth
Houston
Texas
USA
895 Posts |
Posted - Sep 25 2010 : 1:27:16 PM
|
I have a friend that does the billing for a Dentist. I called her and she says that legally no they can't do that for treatment that was started before the child turned 18. The parents are responsible for any treatment started "before" the child turned 18. Also, if the child is using the parents insurance it is ultimately the responsibility of the person carrying the insurance to pay the bill. But, no they can not change mid stream. Any treatment started after the child turns 18 can be the responsibility of the child. As far as the bank the boy should just pull his money out of the account and open a new on somewhere else. The bank will not close an account on the say so of one person it it is a joint account. So he just needs to withdraw everything and leave the account. Most accounts for kids have no service charge so he should be able to close it leaving in a couple of bucks and not worry about it. If his father is on the account they will go after him for overdraft charges especially if he is the one that signed the checks or made the transactions. The kid could go to the bank manager and tell him he will no longer be using the account and to deal directly with the father.
Farmgirl Sister 572
When manure happens just say "WOO HOO Fertilizer". |
|
|
|
Alee
True Blue Farmgirl
22937 Posts
Alee
Worland
Wy
USA
22937 Posts |
Posted - Sep 25 2010 : 4:42:07 PM
|
Angie- for a bank to remove someone with transaction authority(but leave the account open) they would have to sign papers, but if he closes the account and opens a new sole owned account, his dad shouldn't have to sign any papers. Our bank proceedures (which granted aren't the same for every bank) say that to keep the account open requires signatures to release their authority on the account because otherwise they can still transact. However, either owner has the authority to close the account without the other person's approval because both are considered joint owners.
Unfortunatly, now that he is considered an adult by the bank he will be fully culpable for any fees or debts incurred by the account.
Hopefully your bank has similar proceedures as that would make the cleanest break for your young friend. Please let me know if I can help in anyway!
Alee
Farmgirl Sister #8
www.farmgirlalee.blogspot.com
www.allergyjourneys.blogspot.com
Put your pin on the farmgirl map! www.farmgirlmap.blogspot.com |
Edited by - Alee on Sep 25 2010 4:56:05 PM |
|
|
|
Old Spirit
True Blue Farmgirl
1498 Posts
Rae
MN
1498 Posts |
Posted - Sep 29 2010 : 3:47:21 PM
|
Yup have him open his own account and take any money left and put it there. Both probably do have to sign off but he can sign himself off and not use it.
Aargh parents like that... who needs to grow up here???
Rae
Farm Girl #647
...those who hope in the Lord will renew their strength. They will soar on wings like eagles:...
Isaiah 40:31
|
|
|
| |
Family Matters: need legal help and some advice |
|
need legal help and some advice
