does my Mom qualify for BK

[lookin4info]

My mother is 84 and has had to move in with me due to suffering from dementia. I have asked before it I could file bk on her behalf as her POA, and the information I received was very helpful.

My question now if whether or not she would even qualify for BK. She has her retirement income of $2300 a month, but has $15-20 in credit card debt, her health insurance policies, some medical bills. etc. She has no assets, no car or house. Is this something she could even consider.

We are probably going to have to find a long term or assisted living place for her, but with her bills, I don't think she can afford it. But I guess that part is for another thread lol!

I would like to see her be able to clear her debt so she has the finances she would need for a permanent place to stay. Right now she is unable to stay alone and with me working, that makes it really difficult.

Thanks for your input as usual!

[Pjmax]

I don't see why she wouldn't qualify. I'm in my 60's, in good health, knock-on-wood, and I've been unemployed for awhile now, on SS only, with slim prospects of any decent income in the near future.

I BK'd a little more than your mother. I'm not an expert, just my experience. There are many who will say, don't bother with BK as she is 'collection-proof' and is in debt for a low amount. I think you have good reasons for wanting to clear the slate, as did I. Have you talked to any attorneys yet?

[AngelinaCat]

Actually, the debt she has now, might work to her advantage. If you are looking toward eventually putting her in a nursing home, you may wish to investigate getting her on Medicaid. It is my understanding that people qualifying for Medicaid cannot own anything in their own names. And any transfers of title, has to be at least 15 months old or older.

I sympathize very much with your situation. I had my mother, and aunt (her sister) who developed Alzheimer's.

[Pjmax]

I think the Medicaid rules may be changing with Obamacare, as it is expanding to include more people. I don't quite understand it all, waiting to see how it plays out. Wouldn't OP's mother be on Medicare though? Will someone have a choice?

[lookin4info]

I have looked into Medicaid, and although she has no assets, she has too much income. I think they deduct her medical bills from it, but I don't know if they take into consideration the debts she has each month. If they did, she would qualify. I will consult an atty to find out more, Thanks for your help!