Bankruptcy: Mother disabled with limited English

[gisella]

Greetings. My mother is disabled. She has some mobility problems (so I assist her when she walks) and is exhibiting signs of dementia (confirmed by doctor) therefore she is confused at times, and lastly her English is limited.

If she were to file for bankruptcy and have a court date. Would I be able to attend since I am her caregiver and also translate any questions that she may have difficulty understanding?

Thanks for your time.

[lrprn]

If she were to file for bankruptcy and have a court date. Would I be able to attend since I am her caregiver and also translate any questions that she may have difficulty understanding?.

Yes, you can attend her 341 meeting with her.

A question....is your mom legally competent at this point to understand what she is doing if she files bankruptcy? If there's a confirmed diagnosis of dementia, I would encourage you to investigate getting durable power of attorney for her so that you can legally make the decisions necessary if she files along with other life decisions around her health and finances. Just a thought...here's some information about it - http://www.lectlaw.com/files/est06.htm

[gisella]

thanks

Thanks, that idea never crossed my mind. I checked out the link and will surely look more into that.

I have one question, to either you or anyone else who reads this, if I do the durable power of attorney, then if bankruptcy is filed would I go into court for her by myself or is she required to be there also. She is at a state in which she would not fully remember or understand what's going on. So if I'm able to I would want to take care of this for her.

Thanks again.

[Minnymouth]

I had power of attorney with my mother...... it allowed me to respresent her in every aspect of her life, financial, legal, medical, etc.
There should be no reason for her to appear in court.... though it might not hurt to take a statement from her doctor defining her mental stability at the present time. You might want to run this by an attorney for clarity.

Be CERTAIN that you do not use any of her funds/credit cards for anything or anybody but HER. These could be considered fraudulent charges and cause the case to be dismissed.

Also - you need to contact the Social Security Office and have a three way conversation (or take her down there) and get her to sign papers getting you to represent her with her Social Security problems. Social Security DOES NOT RECOGNIZE power of attorney papers. I went thru this with my mother.........

Keep us posted, maybe we can help.....

[Spartan]

Given her conditions, why does she even need to file BK? There is zero chance of anyone taking her to court.

[gisella]

Thanks 'minnymouth' for the information and tips. To 'spartan', she fell behind on her credit card bills and they are probably going to start going into collections soon. She is unable to make the payments on her Social Security income.

Thanks for both replies.

[Spartan]

Your mother is judgement proof. She doesn't need to file.

Go to the Social Security office, or your State Attorney General's office, or Legal Aid. There are ways to stop collection. There is ZERO chance in hell that your mother will be sued or make to pay.

Don't waste $1500 in BK attorney fee.

[gisella]

Thanks Spartan

Thank you Spartan for stopping by again and giving that advice. That was very good advice that I shall follow.

[Minnymouth]

Her income might be judgment proof but that doesn't mean that IF she has assets - they are safe!!!.....
Have a free consultation with an attorney regarding her affairs and see what they tell you.....

Let us know what they tell you.......