Can I stop credit card companies from giving cards to my mentally disabled son?

You can take steps to stop credit card companies from offering a card.

Question

I am the appointed legal guardian for my mentally disabled son. He has been given three credit cards in the past and ran up very large debts on them. We have finally paid all of them off. How can I stop this from happening in the future? He is not mentally capable of understanding the financial responsibilities associated with owning a credit card.

Answer

Unfortunately, there is no surefire way to stop your son from opening up credit card accounts. But you can take steps to stop him from being offered a card.

You can exclude your son's name from credit reporting agencies' lists for unsolicited credit and insurance offers. To opt out of these unsolicited offers (which simultaneously gets the word to all of the national credit reporting agencies), go to OptOutPrescreen.com or call 888-5OPTOUT (888-567-8688).

You might also ask the credit bureaus to put notations in your son's credit files stating not to issue credit in his name. Credit bureaus usually do this only in cases of fraud, but it will not hurt—and might help—to ask.

If your son does run up the tab on another card, think twice before you pay off the debt. Usually, legal guardians are not responsible for paying the debts of their charges. And if your son does not have a job, own any property, or have large sums of money, he might be judgment-proof. That means if a creditor sues him for nonpayment of credit card debt and wins, it might not be able to collect anything from him. Finally, your son might not be legally responsible for card debts if he is not mentally capable of entering into a contract.

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