If mom is now in a nursing home, how do we handle her other bills?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If mom is now in a nursing home, how do we handle her other bills?
My mother who is now residing in a nursing home had been making monthly payments on a court ordered claim against her. Now that she is in the nursing home all of her social security check goes there but $30. She has no assets or property. No one in the family can make these payments for her, so how do we handle this?
Asked on December 21, 2011 under Bankruptcy Law, North Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your mother is in a nursing home, I suggest that there be a springing power of attorney created and signed by her where at least one if not two family members are designated as her attorney in fact to handle her affairs if she is not capable to taking care of things.
I suggest that under this power of attorney, her social security check be placed in a trust account by one of the attorneys in fact under the power of attorney to pay her expenses directly. One of the attorneys in fact should then advise the judgment creditor of the situation that there simply is no money left to pay whatever is left on the unpaid judgment and see what the response is. Possibly there could be a pay off of the judgment at a significant discount by a family member. One issue to consider is what other assets does your mother have?
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.