My question involves collection proceedings in the State of: Georgia
B]Good Afternoon:
I have represented my 86 year old Mother by Power of Attorney for over 10 years. In February of 2016, We had to place her in a Government Funded Facility for Dementia Treatment & Rehabilitation. She has no Assets. Only her Social Security Check. There is a small Balance, that is left each month After expenses are taken by the Facility & Government. Her Debt included, a Credit Card from Bank of America. She Accrued debt and paid on the Account since she was 60 years of age. The balance now is around 7700 dollars. She was an independent Soul and up to recently, I did not have anything to do with her personal Expenses. She lived with my Family for 10 years prior to her illness. After her Insurance Expenses, she did help with some Living Expenses and paid Expenses regarding her Illness such as Pharmaceuticals and Doctor Care, not paid by her Insurance. Her Family Home was Sold 10 years ago. Profits then were placed in the Construction of the Area at the Family Home, She lived in for the last 10 years. She is a widow and my Father Passed in 1974.
All of her assets were extinguished in April of this year and No Payments have been made to BOA since that time. I wrote BOA in April & June of this year, representing her as Power of Attorney. I explained, that she had been placed in a Federally Funded Facility & Had no Assets and the Account could no longer be paid. Since she could no longer do business, I instructed them that I am only her POA and I was only doing her business, due to the illness and cognitive skills, would not allow personal attention to this matter. I included both times, the POA documents, properly recorded and Signed in this County.
I was advised by my Attorney to handle all of this business in Writing Only. BOA was advised of this on both Certified & Return Receipt Letters. The Return Receipts were received and properly completed. The reasoning was, that I was advised from Counsel & Friends that Research documented BOA had somewhat interesting Business tactics concerning Collection procedures. It appeared they had a Collection Agency that was in House and called themselves BOA in correspondence. Many Individuals could not tell if they were dealing with BOA directly or Collections. Since I was only the POA, it was advised that the Unforeseen Phone Calls, could be handled by the Cease and Desist, legally pronounced comments concerning contact procedures within the Written Letters. The 2 letters were written after there noncompliance of the wishes pronounced on the first letter.
I cleared her Online Profile out in March of this year. That removed her contact Phone # off her Account Record. Her legal residence was at the Facility and she no longer lived with Family Members. In order to get out of the Site, I had to leave a Phone #. I placed a Phone # that was located in the Family Barn, that is used uniformly by several Family members within the Estate. It is mainly monitored for the Security System on the Premises and is rarely used for Communication. Her contact # that was removed on her profile, was left alone and UNMONITORED, in her Area of the Family Home. It is also rarely used for communication. The phone lines within the Family Living Area was on a Pricing Bundle and it was not on a cost factor to remove the line from the premises. Both lines has a Voice Mail Service. The Alarm Company can use the line for testing and leave messages for the Owners.
From day 1 of their receipt of the First Letter, numerous calls have been received on both lines. Not as frequent on the Barn # described. After receipt of the 2nd letter, both lines were called daily and more frequently. Since receipt of the First letter, there has been around 48 calls by them and around 23 containing voice Mails asking specifically for my Mother to call them directly. I have told them in writing plainly since March that she no longer lives at this Residence and in all due respect, her Illness does not allow her to know the World is Spinning. Also, As her POA, I am doing her business and am only her POA. Hipaa Laws were discussed and total isolation from Stress and Strain was also entered into the Treatment Process by her Physicians, regarding her environment at the Facility.
Can All Concerned, Imagine all the Stress and Strain the Family Members are experiencing, concerning these noncompliant Phone Calls from BOA. When I listen to the Voice Mails, with BOA Representatives directly wanting to speak specifically to my mother, and pleading the issues concerning why SHE has not called, even effect my mentality. All of these calls are well documented on Phone Bills and Voice Mail Recordings. It is getting aggravating to the Monitoring Group, to keep up with all of these calls, as testing data on the systems are sent regularly to & from all concerned.
I have not mentioned to BOA on either letter that the numbers are registered to other Family members, and not to her. You would think that there would be some reasoning to all of this, within all my Communication. I have notified BOA, according to GA Fair Credit Collection Laws, all the information that is necessary to evaluate her account. I have gave them all the Pie R Squares & Legal Laws not to do any business on the Phone. No one concerned, has received any Written communication from them since they were notified in April. I might have missed some other solution to this matter, in all of this turmoil.
What I contacted this site for is: What are my options to deal with all of this nonsense, without having to use legal resources? Maybe someone has had similar issues and all Comments would be appreciated. Legal Counsel is Expensive and when other measures are viable and not known, that is most welcomed.
With All Best Wishes:
Honeybee [/B]

