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Can I File Bankruptcy for My Mother With Dementia? – Vincent

By on November 21, 2011
Can I File Bankruptcy for My Mother With Dementia? – Vincent

“Dear Steve,

Father passed away 10 years ago, mom getting very up in age (over 90) moved to florida after dad passed away to help mom out – live with her and we share expenses to make house run.

I became my mom’s legal power of attorney and health care surrogate a few years ago because mom was developing dementia. Mom’s only income is social security and a very small pension from my dad. her SS and my income pay the bills and our debt obligations, the utilities and groceries. not much left after that.

I signed my mom up with cambridge credit counseling two years ago as she had about $14,000 in credit card debt. A large chunk of her income is going directly to Cambridge and we don’t see how we can do this for another 2 to 2 and a half years. Things are starting to break around the house and need replacing and my mom needs dental work and hearing aids, and after the payment to Cambridge, there is not much left to use for these important things.

I would like my mom to file chapter 7 bankruptcy, but with dementia, i seriously fear she will not understand the attorney nor will she be able to properly answer the questions posed by the magestrate in bankruptcy court. Since I am my mom’s legal power of attorney, can I file for her and appear in court to answer for her without subjecting her to such an ordeal at her age?

Vincent”

Dear Vincent,

This is a situation which is not uncommon. There is a solution and it can be overcome. I would suggest you click here to find a local bankruptcy attorney and work with them to get this accomplished.

Based on what you said, bankruptcy does seem logical considering you are unable to sustain the credit counseling payment and take care of living and support obligations.

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Please post your responses and follow-up messages to me on this in the comments section below.

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About Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

3 Comments

  1. vincent

    November 21, 2011 at 9:00 pm

    thank you very much for answering so quickly Steve – I will take your advice and find a local bankruptcy attorney and ask them these questions and perhaps they can help.  I found you doing a google search about 2 years ago, as I was searching for some answers to debt questions and have been an avid fan of the website ever since.  Thanks again – will keep you informed.

    • Steve Rhode

      November 21, 2011 at 10:16 pm

      Vincent,

      Keep being a fan and also don’t be shy about commenting and sharing your wisdom with others.

      Steve

  2. vincent

    November 21, 2011 at 9:00 pm

    thank you very much for answering so quickly Steve – I will take your advice and find a local bankruptcy attorney and ask them these questions and perhaps they can help.  I found you doing a google search about 2 years ago, as I was searching for some answers to debt questions and have been an avid fan of the website ever since.  Thanks again – will keep you informed.

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