Follow
Share

Mom is going into assisted living she is 10,000 in credit card debt she doesnt own any property and has no automobile she has 229.00 in her checking and gets social security of 1100.00 she has two life insurance policies totaling 9,000.00 but both have been irrevocably assigned to a funeral home and cemetary for death benefits I am on her checking account for a cosignee and I have poa for her I am not on her credit card as an authorized rep of any kind will I be responsible for payment of moms credit card debt in any way

This question has been closed for answers. Ask a New Question.

20 Answers

Most
Helpful Newest
First Oldest
First
Cheri, I'm not sure I would have said:
"He has no property, is seriously ill and has no intention of paying the debt." Also this:"in relation to this and all other alleged debts you claim he owes."
That sounds very argumentative, so I'm not surprised a couple of companies still sued. It probably would have been more effective to say "He has no ABILITY to pay the debt." Just my opinion...
Helpful Answer (1)
Report
opps. Think myself and Georgie asked related questions instead of answering the question posted. Is their a better way to get to related questions to a topic?
Helpful Answer (0)
Report
My sister is 85 years old and has been on Medicaid with the assistance of a 24 hour aide for a couple of years after having acquired short term memory loss. She owns no assets and has income only from Social Security. She told me that when she passes away, that she didn't want to be cremated which the State normally would do. Therefore, I suggested that she take a life insurance policy out worth $5,000. As we all know, funerals cost around $8,000. So I suggested that she try to put aside a couple of thousand into her checking account to cover the cost and in this way, her monthly premium wouldn't be that high. She has done that and has put my name on her checking account as "In Trust For." When she passes away, I will need access to that money to pay her funeral bill. My concern is that the State might put a claim on her account to recover money spent on her care and then her insurance policy would not be enough to cover a normal funeral and she would have to be cremated. We are so worried about this and wonder if this is possible for the State of CT to do this. Could they even go further and take the money from her life insurance policy also? Please help....
Helpful Answer (0)
Report
Question about liability for payment of credit card when it is in my Mother's name as primary cardholder and I am secondary as a convenience for her. I pick up groceries etc for her. She cannot shop for herself. If the estate runs out of money will I be liable for the balance. I am Power of Attorney over her personal finances.
Helpful Answer (0)
Report
Question about liability for payment of credit card in both my Mother's name as primary holder and my name
Helpful Answer (0)
Report
Robert, I went through this in 2013 with my father. Except he was $21,000+ in credit card debt.

It was such a mess! First, I took dad to Legal Aid & got DPOA. Next I took dad to his bank. He closed his checking account & opened a new joint account with me. I took control of the checkbook.

My father's only source of income was SS. So I wrote a letter to all his creditors (there were about 20 or more!) . Here is a copy of the letter I sent.

My father, (his name), no longer makes his own decisions. I am requesting that his account be closed. He does not have the financial means to pay this debt as his only source of income is social security. He has no property, is seriously ill and has no intention of paying the debt. Pursuant to his rights under The Fair Debt Collection Practices Act, he is requesting that you cease and desist communication with him, as well as his family and friends, in relation to this and all other alleged debts you claim he owes.
You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the Tennessee Attorney General’s office. Civil and criminal claims will be pursued.

Then I sent the letters registered, return receipt. Discover & Capitol One attempted to sue him. Dad still had his house so I contacted Legal Aid again & they answered the summons & went to court for him.

Since your mom doesn't have a house there is nothing the cc companies can do.
Helpful Answer (0)
Report
TooYoungForThis

His mom owes $10,000 Credit card debt.
Helpful Answer (0)
Report
Have your mother file for bankruptcy. Based on what you've told us, she would qualify for a discharge of her debts. That's the best way to handle it.

Filing for chapter 7 bankruptcy is not very difficult if there is a small amount owed. You can probably complete the paperwork yourself. There is a hearing that someone must attend, and as POA you can probably attend it.
Helpful Answer (0)
Report
No, your Mom is not judgement proof....she is collection proof

You can expect the Cc companies will sue and get a judgement. But, even though the judgement will be on her record,my hey will never collect.
Helpful Answer (0)
Report
How is ur Mom affording an AL? Medicaid waver? Can she afford to pay the minimum? Better if she pays more because minimum pays only the interest on that amount of money. Paying the minimum will keep the credit card company off her back. If your Mom is in her right mind , you might want to consider a consolidated loan. All the credit cards could be lumped together and payment may be smaller. May ask for a cosigner and that would be ur problem. You r not responsible for Moms debts and don't allow any collection agency to say ur. They cannot harrass u either.
Helpful Answer (2)
Report
Not sure this will apply for assistant, but when my mom had to go into a nursing home, I contacted her credit card company and told them that she was in a nursing home and for them to contact that home. The nursing home sent them a letter stating that all of her social security was being used in the payment of her stay there. The nursing home handle all her finances. I was my moms durable power of attorney and that ended the day I sign the paper work at the nursing home. I was not accountable for anything other than her banking acct until the day she was admitted to the nursing home.
Helpful Answer (0)
Report
Do not pay her cards with her SS income but do contact cc company. I advised my father's credit union both in person and in writing as POA that he cannot pay off card since now in skilled nursing under Medicaid. They still went to court over him. The first time it was postponed because their attorney did not show & the second time there was a court date, I wrote a letter to the judge explaining his situation. The judge dismissed the case.
Helpful Answer (1)
Report
CC's don't lose, anything. Their "losses" are passed onto other credit card holders, through higher interest, and late/returned check fees.
Helpful Answer (0)
Report
THE CREDIT CARD COMPANIES CANNOT TOUCH SOCIAL SECURITY. DO NOT 'pay them off' with that money. Your mother needs that money and the cc company will just have to eat her debt. Do not pay them, YOU are not responsible for that debt. If it 'ruins her credit', so be it! She's in assisted living, she isn't going to be buying a new car or charging a Disney cruise to her card.
Helpful Answer (2)
Report
Any credit card debt will be paid by the estate, and you are not responsible for it. I would be paying them off with the social security money if you can and by all means contact the credit card companies to reduce the interest or enlist the aid of a consumer credit counseling free service.
Helpful Answer (0)
Report
I am in the same position with my father. Does the same apply for hospital bills? If he doesn't pay, can they refuse services for him?
Helpful Answer (0)
Report
To answer your main question, you are not personally responsible for paying your mom's CC bills. Under NO circumstances do you have to pay any of those out of your money - the CC company may try to guilt or bully you into that. But as POA, you have a fiduciary responsibility to pay her bills out of her income. I'm going to guess that the cost of her assisted living will be more than $1100 per month? If so, contact the CC company, tell them you have POA, and your mom can no longer pay their bill. They'll be ticked off and pout like a 2-year old, but they can't really DO much if she has no assets. If they sue(that is their right), then you'll get to talk to the lawyer(who usually has a brain) and tell him your mom doesn't have anything. She is what's called "judgement proof".
Helpful Answer (2)
Report
I don't believe that they can come after her Social Security. This is another case that you may want legal advice for, though. After your mom passes, you shouldn't be liable but while she's still alive they may fight for payment. They won't get it but they may harass you.
Good luck,
Carol
Helpful Answer (0)
Report
I don't think you should contact the credit card companies until she passes
Helpful Answer (2)
Report
No. Write the credit card companies or contact them by phone. Let them know mom's liquid assets are $229.00 and her only income is social security. They will have to write off debt. They can't come after her SS income.
Helpful Answer (2)
Report
This question has been closed for answers. Ask a New Question.

Recent Questions


Popular Questions


Related Questions

Ask a Question
Subscribe to
Our Newsletter