Can a Dementia Patient be Served with Foreclosure Papers?

6743912315_f0e19e5211_z

New Jersey now has more residents than ever who are age 70 or older. This is in part due to the post-war baby boom that occurred after World War II soldiers returned home to their wives in 1945. Americans are also living longer due to technological and scientific advances in the medical field that have brought about cures and/or successful long-term treatments for many diseases that used to be fatal.

While an increased life expectancy is definitely something to cheer about, the fact that more New Jersey residents are living longer also comes with some challenges. Although people are living longer due to advances in medicine, the natural aging process can’t be avoided altogether.

For example, many older Americans are in good physical health but suffer from some form of memory loss – ranging from minor short term difficulties to dementia and Alzheimer’s Disease. Caring for a loved one with dementia obviously presents a number of hurdles, most importantly monitoring them for their own safety.

What, then, is to be done when a family member with dementia has made a mess out of their finances because of their inability to remember to pay their bills?

This question is now asked a lot among adult children who are now caring for a parent with dementia or Alzheimer’s Disease. It’s a good question, but one that you probably didn’t contemplate until said papers have already been served and you find yourself in the middle of a complex legal mess.

Example: An 80 year old man with dementia, who lost his wife four years ago, now resides in a nursing home. Upon his wife’s death, the man stopped making any payments on their mortgage due to his worsening symptoms of dementia and lack of income.

The man’s adult son has taken on the role of Power of Attorney, and is aware that no payments have been made on the home since his father moved into the nursing home. Assuming that any foreclosure paperwork would be sent to him as the POA, the son was simply waiting to receive notice of the foreclosure, which never came.

The adult son (POA) did not have the resources to save the family home and planned to let the house be sold at Sheriff’s Sale in the hopes that the situation would then be settled.

The man’s OTHER adult child, however, wasn’t privy to any of this information, as she lived across the country and could only visit on occasion due to her busy work schedule. As it turned out, she did have the means (and the desire) to save the family home.

Some family friends alerted the adult children to the fact that their father’s home was listed ‘For Sale’ in the local newspaper’s Sheriff’s Sale section. After doing some digging, they discovered that the lender had served their father with the foreclosure complaint.

Having no memory of this event, their father had no idea where the paperwork was or if he had signed anything.

Is it legal to serve a dementia patient with important legal papers?

As you can well imagine, it is both unethical and unlawful to do so. Rule 4:4-4.(3) regarding issuing a Complaint and Summons, reads as follows:

“Service of Summons, Writs and Complaints shall be made as follows…(3)Upon a mentally incapacitated person, by delivering a copy of the summons and complaint personally to the guardian of the person of the mentally incapacitated individual or to a competent adult member of the household with whom the mentally incapacitated person resides, or if the mentally incapacitated person resides in an institution, to the director or chief executive officer thereof.

Do you have an elderly family member who has been served unlawfully with a foreclosure complaint? You MUST work closely with a NJ foreclosure defense attorney if you want to save the home in question! You do have rights, and Veitengruber Law can save your family home, but you must act quickly. Call or click now: (732) 852-7295.

Image credit: Pierre Honeyman

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: