Contractor Swindled $3500 from MIL

[Anonymous]

Before you do this, are you sure she didn't need tree work? Had those trees been inspected? Are they old trees? Tree work is extremely expensive and a lot of people are one storm away from disaster. Not discounting that elderly get taken advantage of often, been there with a parent.

[Anonymous]

Anonymous wrote:

Anonymous wrote:You need to get POA and on her checking account asap. She will continue to call contractors to do stuff around her house. You need to mitigate that not happening anymore. She’ll also be a target for scam calls. I went through this with my mom. Time to think about assisted living.

That might not be enough.
I'm a poster that posted a couple months ago about my Dad who was recently scammed out of $31k. *
My brother (who is the sibling that lives closest to my Dad and has been the primary help) was also on my Dad's bank accounts, and could access everything. Unfortunately, that doesn't matter if the elderly person is on the accounts and can write checks, withdraw money, etc.
My Dad was able to go to the bank and withdraw the $31k in cash and the bank did not have to notify my brother or anything. Since then, my brother opened new accounts for my Dad's money and my dad is not allowed access to them. He has a debit card with no more than $1000 in it at any given time.

This is the solution. Just having another adult on the account does not solve the problem.

However, I would think this is time for either independent living in a retirement community. So there is no need to hire any contractors for anything (everything is managed by the community). However, you also need to protect her money and remove her ability to access it. You (or another adult) should be managing the bills and she should only have access to an account with $500-1000 max. Also evaluate to see if she needs to be in memory care or assisted living.

[Anonymous]

I have been here. You do not have endless time.

1st-figure out if the work needed to be done. It may have been a real issue.

2nd-find out the cost range in the area. If the person is just high end, but not outrageous-let it go. The person did the work. You cannot demand money back. Tree removal is very expensive. It's far more expensive when a tree falls on your house.

3rd: If it was a slight overcharge figure out if your time is better spent getting POA and convincing mom it's time to move.

Is your mom difficult? Will she comply if you need to take over? Is she open to moving to residential?

You can burn out very quickly with eldercare stuff. I have been at this for years and the first few years I might have gone along with all that people suggested. Now I say choose your battles. It can be a marathon with a lot of elders. My mom is still alive.

[Anonymous]

3,500$ is not worth getting that uoset over. Let it go, OP.

[Anonymous]

Anonymous wrote:

Anonymous wrote:What recourse do I have?

Quick background- My MIL has Alzheimer's and somehow found a checkbook we had hidden. He convinced her she needed some 'tree work' while no one else was at home and charged her $3500 for cutting a 10 foot dead branch off a tree. It was 5 minutes of work and the branch could be broken into a tiny pile of kindling in another 5 minutes.

He immediately went to the bank and cashed the check.

What can I do?

Shameful. Is this an independent "handyman" type or someone who actually owns or works for a established company?

I'm guessing it's the former. Do you have his contact information? Maybe you reach out to him, very calmly, and say that you both know the $3500 charge is unreasonable and you would be willing to settle the matter if he refunds your mother $3000, which you believe is more than generous to him. That will be easiest for all parties. But, if he does not do so, you plan to escalate the matter legally.

(Now as to what escalation means, that depends on the specifics.)

But OP has no right to interfere with a transaction she was not involved in. This is a matter between the contractor and OP's mother. If OP is saying her mother is not competent enough to have made this transaction, OP needs to make sure the mother is never ever alone. Not for one single minute. This is the reality of "aging at home."

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:What recourse do I have?

Quick background- My MIL has Alzheimer's and somehow found a checkbook we had hidden. He convinced her she needed some 'tree work' while no one else was at home and charged her $3500 for cutting a 10 foot dead branch off a tree. It was 5 minutes of work and the branch could be broken into a tiny pile of kindling in another 5 minutes.

He immediately went to the bank and cashed the check.

What can I do?

Shameful. Is this an independent "handyman" type or someone who actually owns or works for a established company?

I'm guessing it's the former. Do you have his contact information? Maybe you reach out to him, very calmly, and say that you both know the $3500 charge is unreasonable and you would be willing to settle the matter if he refunds your mother $3000, which you believe is more than generous to him. That will be easiest for all parties. But, if he does not do so, you plan to escalate the matter legally.

(Now as to what escalation means, that depends on the specifics.)

But OP has no right to interfere with a transaction she was not involved in. This is a matter between the contractor and OP's mother. If OP is saying her mother is not competent enough to have made this transaction, OP needs to make sure the mother is never ever alone. Not for one single minute. This is the reality of "aging at home."

This is not true. The government and banks have protection groups for exactly these type of transactions. Get involved and report it.

[Anonymous]

Anonymous wrote:3,500$ is not worth getting that uoset over. Let it go, OP.

1. That's a lot of money.

2. Many/most elderly are on fixed incomes

3. If a contractor is doing it to one person, he's doing it to 100s.

4. It's illegal. Even if he legitimately cut one branch, his costs should be aligned as such, and it merits further investigation.

5. Banks are trained on catching things like this, and it should be discussed with her bank.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:What recourse do I have?

Quick background- My MIL has Alzheimer's and somehow found a checkbook we had hidden. He convinced her she needed some 'tree work' while no one else was at home and charged her $3500 for cutting a 10 foot dead branch off a tree. It was 5 minutes of work and the branch could be broken into a tiny pile of kindling in another 5 minutes.

He immediately went to the bank and cashed the check.

What can I do?

Shameful. Is this an independent "handyman" type or someone who actually owns or works for a established company?

I'm guessing it's the former. Do you have his contact information? Maybe you reach out to him, very calmly, and say that you both know the $3500 charge is unreasonable and you would be willing to settle the matter if he refunds your mother $3000, which you believe is more than generous to him. That will be easiest for all parties. But, if he does not do so, you plan to escalate the matter legally.

(Now as to what escalation means, that depends on the specifics.)

But OP has no right to interfere with a transaction she was not involved in. This is a matter between the contractor and OP's mother. If OP is saying her mother is not competent enough to have made this transaction, OP needs to make sure the mother is never ever alone. Not for one single minute. This is the reality of "aging at home."

This is not true. The government and banks have protection groups for exactly these type of transactions. Get involved and report it.

There are government protection groups for able-minded people who enter contracts and then change their mind-allowing them to take money away from the contractor who held up his part of the deal?

[Anonymous]

Anonymous wrote:

Anonymous wrote:3,500$ is not worth getting that uoset over. Let it go, OP.

1. That's a lot of money.

2. Many/most elderly are on fixed incomes

3. If a contractor is doing it to one person, he's doing it to 100s.

4. It's illegal. Even if he legitimately cut one branch, his costs should be aligned as such, and it merits further investigation.

5. Banks are trained on catching things like this, and it should be discussed with her bank.

It's illegal for a contractor to set their own prices?

Banks are trained to catch what? People writing checks?

I'm the pp whose dad withdrew $31k in cash for a scam. The banks are not required to do ANYTHING. My brother discussed it with the police.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:3,500$ is not worth getting that uoset over. Let it go, OP.

1. That's a lot of money.

2. Many/most elderly are on fixed incomes

3. If a contractor is doing it to one person, he's doing it to 100s.

4. It's illegal. Even if he legitimately cut one branch, his costs should be aligned as such, and it merits further investigation.

5. Banks are trained on catching things like this, and it should be discussed with her bank.

It's illegal for a contractor to set their own prices?

Banks are trained to catch what? People writing checks?

I'm the pp whose dad withdrew $31k in cash for a scam. The banks are not required to do ANYTHING. My brother discussed it with the police.

Pp is correct. This is what happens aging in place and the contractor may have done nothing wrong. 3,500 is small potatoes for a job that may have been needed. Focus on the big picture because I can tell you iit gets a way worse than this. See it as a wake-up call. You could waste a lot of time and energy to find out you really have no case. Get control of finances and look into the right placement.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:What recourse do I have?

Quick background- My MIL has Alzheimer's and somehow found a checkbook we had hidden. He convinced her she needed some 'tree work' while no one else was at home and charged her $3500 for cutting a 10 foot dead branch off a tree. It was 5 minutes of work and the branch could be broken into a tiny pile of kindling in another 5 minutes.

He immediately went to the bank and cashed the check.

What can I do?

Shameful. Is this an independent "handyman" type or someone who actually owns or works for a established company?

I'm guessing it's the former. Do you have his contact information? Maybe you reach out to him, very calmly, and say that you both know the $3500 charge is unreasonable and you would be willing to settle the matter if he refunds your mother $3000, which you believe is more than generous to him. That will be easiest for all parties. But, if he does not do so, you plan to escalate the matter legally.

(Now as to what escalation means, that depends on the specifics.)

But OP has no right to interfere with a transaction she was not involved in. This is a matter between the contractor and OP's mother. If OP is saying her mother is not competent enough to have made this transaction, OP needs to make sure the mother is never ever alone. Not for one single minute. This is the reality of "aging at home."

This is not true. The government and banks have protection groups for exactly these type of transactions. Get involved and report it.

There are government protection groups for able-minded people who enter contracts and then change their mind-allowing them to take money away from the contractor who held up his part of the deal?

Is that what happened here?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:3,500$ is not worth getting that uoset over. Let it go, OP.

1. That's a lot of money.

2. Many/most elderly are on fixed incomes

3. If a contractor is doing it to one person, he's doing it to 100s.

4. It's illegal. Even if he legitimately cut one branch, his costs should be aligned as such, and it merits further investigation.

5. Banks are trained on catching things like this, and it should be discussed with her bank.

It's illegal for a contractor to set their own prices?

Banks are trained to catch what? People writing checks?

I'm the pp whose dad withdrew $31k in cash for a scam. The banks are not required to do ANYTHING. My brother discussed it with the police.

Pp is correct. This is what happens aging in place and the contractor may have done nothing wrong. 3,500 is small potatoes for a job that may have been needed. Focus on the big picture because I can tell you iit gets a way worse than this. See it as a wake-up call. You could waste a lot of time and energy to find out you really have no case. Get control of finances and look into the right placement.

$3500 for cutting one branch is obviously a massive over-charge. I get my entire 30ft tall tree trimmed for $600.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:3,500$ is not worth getting that uoset over. Let it go, OP.

1. That's a lot of money.

2. Many/most elderly are on fixed incomes

3. If a contractor is doing it to one person, he's doing it to 100s.

4. It's illegal. Even if he legitimately cut one branch, his costs should be aligned as such, and it merits further investigation.

5. Banks are trained on catching things like this, and it should be discussed with her bank.

It's illegal for a contractor to set their own prices?

Banks are trained to catch what? People writing checks?

I'm the pp whose dad withdrew $31k in cash for a scam. The banks are not required to do ANYTHING. My brother discussed it with the police.

Pp is correct. This is what happens aging in place and the contractor may have done nothing wrong. 3,500 is small potatoes for a job that may have been needed. Focus on the big picture because I can tell you iit gets a way worse than this. See it as a wake-up call. You could waste a lot of time and energy to find out you really have no case. Get control of finances and look into the right placement.

$3500 for cutting one branch is obviously a massive over-charge. I get my entire 30ft tall tree trimmed for $600.

Oh the contractor will have a reason - it was on a delicate place! It required equipment rental! Not saying it’s legit, just that realistically the money is gone.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:3,500$ is not worth getting that uoset over. Let it go, OP.

1. That's a lot of money.

2. Many/most elderly are on fixed incomes

3. If a contractor is doing it to one person, he's doing it to 100s.

4. It's illegal. Even if he legitimately cut one branch, his costs should be aligned as such, and it merits further investigation.

5. Banks are trained on catching things like this, and it should be discussed with her bank.

It's illegal for a contractor to set their own prices?

Banks are trained to catch what? People writing checks?

I'm the pp whose dad withdrew $31k in cash for a scam. The banks are not required to do ANYTHING. My brother discussed it with the police.

NP. Banks are absolutely supposed to try to detect elderly financial scams.
https://www.fincen.gov/sites/default/files/advisory/2022-06-15/FinCEN%20Advisory%20Elder%20Financial%20Exploitation%20FINAL%20508.pdf

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:3,500$ is not worth getting that uoset over. Let it go, OP.

1. That's a lot of money.

2. Many/most elderly are on fixed incomes

3. If a contractor is doing it to one person, he's doing it to 100s.

4. It's illegal. Even if he legitimately cut one branch, his costs should be aligned as such, and it merits further investigation.

5. Banks are trained on catching things like this, and it should be discussed with her bank.

It's illegal for a contractor to set their own prices?

Banks are trained to catch what? People writing checks?

I'm the pp whose dad withdrew $31k in cash for a scam. The banks are not required to do ANYTHING. My brother discussed it with the police.

NP. Banks are absolutely supposed to try to detect elderly financial scams.
https://www.fincen.gov/sites/default/files/advisory/2022-06-15/FinCEN%20Advisory%20Elder%20Financial%20Exploitation%20FINAL%20508.pdf

This is a very frustrating situation, but as a scam, not easily proven. Banks aren't the police, though they are advised to be on the lookout for scams.

From the attached:
Elder Theft: Schemes involving the theft of an older adult’s assets, funds, or income by a trusted person.
Elder Scams: Scams involving the transfer of money to a stranger or imposter for a promised benefit or good that the older adult did not receive.

It sounds like the benefit or good was received in this case, albeit for a likely outrageous price. That may be unethical, but it's likely not a crime. The above recommendation to post a review on the BBB could be effective if this provider values their reputation and business. If they don't respond, filing a complaint with the BBB/attorney general's office/consumer protection is a good next step.