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CarMax won’t recognize guardianship
Go above her head. She must have a boss. Go to the boss. Threaten to have all Alz caregivers boycott CarMax. Can you sell the car elsewhere and not use CarMax?
Karma will get her. When she's about triple the age she is right now, she will be dealing with someone with dementia, either a family member, husband or even herself. You might want to let her know that before you walk out the door and take the vehicle someplace else. Tell her a little lesson in compassion and empathy will serve her well throughout the rest of her life. People who think they know it all have a much harder time through life than people who are open to listening and learning.
Call, ask for a supervisor and don't even talk to anyone else. Before conversation get full name, extention, department. Tell them you INSIST on a manager. Period. And never ever give them an original to keep. Ever. I learned that lesson quick. Oh and if they have a facebook page, post there and on yelp, and twitter, they hate that. I have done that and I have heard back in like an hour. From a boss person
Not a lawyer, but found this-- from Nevada ---but other states may require the same court approval--
And this from Minnesota
Suggest you check your state's rules. And discuss with your lawyer--maybe you have a durable power of attorney to avoid using the guardianship documents if they require a court order ? The lawyer can advise you on how to proceed.
Sure not going to defend any car dealer but they do need to have the right paperwork to be able to pass clear title. If a guardianship requires a specific court order, then they need to have it.
And you need clear title passed to get your parents off the hook for any accidents those cars maybe in later.
As POA, I had a similar problem transferring my mom's car title at AAA. Even though she was clueless & barely ambulatory, they insisted she come in. I had the clerk go out to the car & she made some marks on the signature line. They didn't ask for ID, so she could have been anyone.
I would suppose they are just following orders, and it's not a lack of compassion. Glad they are working with you now.
Well, CarMax has agreed to recognize my guardianship, though they want a 'true and certified' copy. My attorney just said she will go about obtaining a copy for me! Hoorah. Another checkmark on my very long list. Persistence in combination with some social media did the trick. I hope CarMax begins to change their corporate SOPs to understand what is truly meant by guardianship at each of their locations.
I have NEVER given ANYONE an original copy of my POA. (or guardianship) . Don't do it.
Make (double sided if needed) color copies and give them one. Those original documents are gold and should be treated as such. Insist they give you back your original which you already gave them!!!! Cause a fuss right there in the office if you need to. I've had such uninformed and "know it all" employees from every kind of business imaginable try to tell me this that the other. Take care and TAKE VERY GOOD CARE of those documents. They will be your ONLY way to get things done in certain circumstances and you will really regret giving them all away just for a few thousand dollars to sell a car.
Hello melbam, I too encountered such a situation. I actually ran my mother's name through all credit bureaus and found that between the three of them, she had no less than sixteen open accounts! She had several credit cards that I could lay my hands on.
When I contacted several credit companies, they wanted a complete copy of my Financial DPOA sent to them and it would take one month to two months to process closing the account depending on which company I was speaking to. Our DPOA was a rather large document and I was going to have to have multiple copies made and then wait months to have it all processed?
So . . . . I waited a week or two, then re-contacted the credit companies using my mother's name and pretending I was her. I told them I wanted to close my account. I had the account numbers from the cards as well as the account numbers off reports. I also knew my mother's social security number as well as her mother's maiden name.
Guess what? They closed the accounts right on the spot! No fuss, just done. I also asked them to not send any marketing or mail whatsoever and to take me (mother) off their call lists. They all complied.
Then we had my aged step-dad who also had significanta dementia and had open credit. My step-brother stepped up and did the same thing I did, once again; success.
While I do not ever like telling a lie, this was about parent safety.
I also cancelled all of my mother's cards, except the one bank card we use for her. Same as Jo, I found it easier to call and just say I was her. I know every piece of information they asked and yes, it was all about protecting her and her money. I also went online and set up all of my mom's accounts with a screen name and password so I have access to it all. Some of her accounts are set up with her name and then Payable On Death (POD) with my name. She did this years ago before she was ill.
The only change we made was to add my name to one checking account. This way, if I did have to go into the bank, I could deposit or withdraw easily. I keep only what is needed in that account and if I need to pay more of her bills, I go online and move money into that account. I think I set it up this way so that if by chance I am sued, they cannot come after my mom's money. Only what we share in that account.
Hi all, I had good luck cancelling things like Direct TV, Netflix, gym memberships and a few other services without even using POA or guardianship. But, CarMax as well as Chase Visa, their cable provider required copies of POA and/or guardianship. With Chase, after they reviewed the documentation, I was able to cancel it straightaway. Their cable provider in FL were total pills and kept me on the hook as long as possible to get an extra month of billing out of my parents.
In terms of banks, Wells Fargo was easy to work with, but SunTrust was a disaster. PNC has also been challenging. At times, my elder care attorney has been sitting there with me to deal with them and they still have to send every little detail off to legal for review.
Handling their affairs is definitely a marathon, not a sprint. Good luck all. It's great to have all of you here. It's helped me tremendously.
Here's an interesting article. The second half is most informative:
Plus interesting comment from reader.
I discovered this unpleasant phenomenon last year. Our eldercare attorney assured me that was illegal...tell that to Chase Manhattan Bank and Ameriprise. Fortunately, I had a good relationship of many years with my mother's advisor at Ameriprise, and he arranged for a team that included a notary public from our attorney's office to come to my demented mother's bedside so she could "sign" 5 papers. Everyone was very apologetic that this was necessary. One thing I have not been able to bear is to look at what that cost me in billable hours.As to Chase bank, same deal - I had to arrange for a notary to come to my mother's bedside. Ironically, the notaries clearly saw my mother didn't understand what she was signing, but when it was explained to her she said the magic word "Yes". More irony; I had my mother's POA to sign checks and also her ATM card. I simply could have withdrawn all her money from her accounts over the course of a few days.
I did what Rockym did also. Another thing I did was to have each credit bureau account frozen. Cost $20 each. This kept any entity whatsoever from getting any infomation or credit history; no marketing, no scams, LO with severely compromised judgement could no longer try to conduct financial disasters, (had problems with that for awhile.) We also had our own credit bureau accounts frozen; if ever needed, one can "unfreeze." It is a good idea for most everyone.
Because of concern re accessing LOs accounts if it ever became necessary, I checked with each bank to ensure whether or not we needed their own POA forms. None did . . . . BUT . . . . a couple of years later, this changed at one bank. It was not pleasant. I had to keep going over one manager's head to another until I reached a person in a high enough decision making capacity to have our legal DPOA honored and I had to really stand firm to get that done.
I also found it necessary for some institutions that we needed our DPOAs registered and certified in the county in which we resided. Easy peasy; took about 15 minutes at a court house and about $38. Government stamp on the document, my ID confirmed, and all was well.
It is amazing the things we must do, and how we do not know we must do these things. Anyway, it was good to have it all done . . . . until the time I had to process the Trust and sell the house after the parent's deaths . . . . but that is another story.
If the State is balking at the retitling of the car , how can your attorney be certain you are legally removed as the owner?
I've been contacted for parking tickets for cars long ago donated to charity and had to provide my copy of a signed title release to the charity and the proof of certified mailing I sent notice of sale to Motor vehicles to get off the hook. We have a two part process- the title document the charity got and then the notice to the State the seller sends in .
Do you have iron-clad proof you are off the title?