Poa/filing for mom

[buffee]

I am the Power of Attorney for my mom..she has been in a hospital since May 20th and due to botched post operative care, now has brain damage. We share a home. The home is paid for, no problems there. However my mom has about 21,000 in CC debt(to be fair about 75% of that is mine) however she is the primary. She ONLY gets 1375$ a month from SS and because the facility she is in, cost 5,000 per month, I had to apply for medi-cal on her behalf. Well, her "share of cost" for Medi-cal is almost 700$ per month, plus 60$ to secure horizons, and there are 2 other NON CC bills, plus her share of rent etc...I am disabled and on a VERY fixed income(I had a great job and made lots of $$$$$$$$) then I had this accident 5 years ago and still kept the lifestyle I was used too...because I am stupid & not prepared!...anyway there is NO $$$$$$$ to pay these CC..and I mean none...and she will probably be in this 5,000 per month facility for at least 6 months or longer...how hard is it for me as of POA to file a chapter 7 in her behalf?
I have NO choice....it may come down to where I not only have to file for her, but myself also.....I just never saw anything like this coming....

[pookieny]

Who's name is on the deed of the house?

I hope it's in both your names and has been for the past 3 years. I had to apply for medicare for my mother to be in the nursing home, and had we not both been on the deed, they could have taken it to pay for the nursing home bill.

[pookieny]

Has far as filing for her, I can't answer that. I was also POA for my mother and had to go to a lawyer for that but I don't remember if she signed any paper work, I'm sure she did. If the house is paid off, you would have to check how much equity you can claim in your state for property and how much it could sell for.

I feel for you, you might want to call a lawyer.

[AngelinaCat]

I hope your Power of Attorney is a 'DURABLE FAMILY Power of Attorney'. If it is, you can handle her affairs, though she is not mentally competent.

If it is only a REGULAR Power of Attorney, once she went into the hospital and lost the ability to make her own decisions, that POA is toast.

PLEASE get with the attorney that drew that document up and find out exactly what it is.

My Best~~~

[justbroke]

As Mrs. Cat writes, make sure you check that the Durable Power of Attorney is drawn up correctly. You must be able to execute and sign documents, enter in contracts, and initiate, litigate and defend in legal proceedings. Not all Power of Attorney documents are equal.

Some Courts require a "Day One" motion like a "Motion to Proceed under Power of Attorney" (or something similar) so that the Court has notice and can insure that the Power of Attorney has been granted with all necessary powers to initiate, litigate, and close a Bankruptcy case.

[buffee]

Yes it is durable power of attorney, I also have all of the health issue control too. As far as medi-cal, thats a done deal, she is in a 5,000 per month sub acute facility, she pays 700$ and medi-cal pays the rest
The mobile home is in both of our names as of 2006.
I just want to be able to do a BK on her behalf.....they are ONLY credit cards nothing else.

[justbroke]

Yes it is durable power of attorney.

The Durable part is not the key part, in my opinion. The key part is if it gives you explicit rights to enter into any agreement or contract or to initiate, litigate, or otherwise defense the party in any legal proceeding. This is what the BK Judge will look for in your First Day Motion.

[buffee]

I am pretty sure this DURABLE POA covers everything. My lawyer is pretty thorough. However let me ask this:
Exactly what could they do if she does not pay these credit cards. she ONLY gets SS, and by law they cannot touch that, so attaching her bank account isn't an option. The mobile home is in her name & my name and also our city's name..because we did a loan through our city for a 20,000 upgrade/remodel..which is a deal they give low income....you NEVER have to pay it back until you move or sell it....and there is NO interest. So I am wondering how this would work, my mom is permanetly brain damaged...if they would wait 5 years +, I am sure the malpractice suit I am filing would cover everything!

[OhioFiler]

I am pretty sure this DURABLE POA covers everything. My lawyer is pretty thorough. However let me ask this:
Exactly what could they do if she does not pay these credit cards. she ONLY gets SS, and by law they cannot touch that, so attaching her bank account isn't an option. The mobile home is in her name & my name and also our city's name..because we did a loan through our city for a 20,000 upgrade/remodel..which is a deal they give low income....you NEVER have to pay it back until you move or sell it....and there is NO interest. So I am wondering how this would work, my mom is permanetly brain damaged...if they would wait 5 years +, I am sure the malpractice suit I am filing would cover everything!

She is probably judgment proof. I wouldn't file. Stop paying those credit card bills.

[jadams]

They can't touch her social security (have it deposited into it's own account and don't mingle with other funds so you have an easy time proving it exempt) and the mobile home is already encumbered (i.e. not an easy cash cow).

If that's all the assets, I would just stop paying.

They may sue, but at best they could get a lien on the mobile home that would need to be paid when sold or refinanced. Your state may allow protection of the home from some creditors (my state does, up to a large amount) so it's possible you could move around the lien and sell anyways.

They will bug you with letters and calls for your mother. But if you have thought through and protected her from suits, send them a cease and desist and let them do whatever they're going to do.

[buffee]

Thank you all for all your help & concern..it truly helps to talk about this. Among all the other things I have to deal with right..concerning my mom, her debts are just another added scary thing. let me ask you...I was a secondary user on the largest credit card bill she has....but she is the primary. Can they come after me??
Her ss is automatically put into her bank account each month, I then transfer the 700$ for her share of cost for medi-cal into my account to write the check, and I transfer out her half of rent/untilties into my account to write the checks. We had it set up years ago because we both belong to the same bank-that we can transfer our $$$$ back & forth bewteen accounts, we actually did this, because I would write my mom a check for my half of stuff & she wouldn't cash it for months & months, so to avoid that hassle, we just thought this was easier.
I am so........grateful I found this site!!!

[OhioFiler]

Thank you all for all your help & concern..it truly helps to talk about this. Among all the other things I have to deal with right..concerning my mom, her debts are just another added scary thing. let me ask you...I was a secondary user on the largest credit card bill she has....but she is the primary. Can they come after me??
Her ss is automatically put into her bank account each month, I then transfer the 700$ for her share of cost for medi-cal into my account to write the check, and I transfer out her half of rent/untilties into my account to write the checks. We had it set up years ago because we both belong to the same bank-that we can transfer our $$$$ back & forth bewteen accounts, we actually did this, because I would write my mom a check for my half of stuff & she wouldn't cash it for months & months, so to avoid that hassle, we just thought this was easier.
I am so........grateful I found this site!!!

If you are an authorized user you're fine. If your name is also on the account as an owner you're liable. I've heard AMEX is different though.

[justbroke]

I was a secondary user on the largest credit card bill she has....but she is the primary. Can they come after me??

It depends on the cardholder agreement. If it's American Express, they will certainly come for you.

Even if the cardholder agreement (or additional cardholder agreement) doesn't contain terms naming the additional cardholder responsible for their own personal charges, that doesn't seem to prevent them from bothering the additional cardholder(s).

The real question is, how much have you personally charged to that account, and how much could you prove you paid back?

[AngelinaCatHub]

She is probably judgment proof. I wouldn't file. Stop paying those credit card bills.

I agree. My Mother who always loved her credit score actually hand wrote a heart wrenching letter to the heads of the company explaining that she was in ill health and on SS and could no longer pay. Both accounts never called or sent her another bill.

jadams They can't touch her social security (have it deposited into it's own account and don't mingle with other funds so you have an easy time proving it exempt) and the mobile home is already encumbered (i.e. not an easy cash cow).

If that's all the assets, I would just stop paying.

They may sue, but at best they could get a lien on the mobile home that would need to be paid when sold or refinanced. Your state may allow protection of the home from some creditors (my state does, up to a large amount) so it's possible you could move around the lien and sell anyways.

They will bug you with letters and calls for your mother. But if you have thought through and protected her from suits, send them a cease and desist and let them do whatever they're going to do.

Yes, you are pretty Judgment proof. Do not EVER say over a phone you used any card of hers. Stop using any and all right now. If you are dunned, send a kissoff letter to them and tell them where she is at and her condition and you are not responsible for her debt. They will stop and eventually go away. I would not bk her, as this is good money after bad. In the shape you imply, she may not last too long and I am sorry if this is so. You have your own problems. Address them first. 'Hub

[buffee]

Well the biggie citicards, lets just say 75% is my debt, however when I spoke to them a few months back and they put me on as her POA, the 1st thing they said was I am not responsible for the debt. I have torn up that card & not used it since JUNE. I have never been late ever, and I personally paid them 265-315$ per month....my mom actually had this account for years and a debt I had from another high interest account (that was in my moms name) was transferred over, I am just the additional user. I think they must know I primarily use the account since most of the charges for the last 5 years I signed for.....so wouldn't they know?
Because my mom would not sign the NEW user agreement about 5 months ago, our payments would have gone from 285 to almost 500$ permonth, we opted out...so they said because we did that our priveldge of using the card would end 1/31/2010. Since the card would have ended in 5 months anyway..I just had them close the account now. They are giving me a reprieve of not making a payment until October 20th but than they want 265$ per month, and honest to GOD there is NO way. I just came from seeing my mom and reviewing some tests she took that I was present for....and at this point I am afraid to say that she is NEVER coming home.Its very sad to have to deal with the $$$$$$$$$$ situation when I am trying to keep it together emotionally by myself.