Legal Question in Credit and Debt Law in New York
alzheimer patients debt responsibility
my mother was recently diagnosed w/ alzheimer and has a mortgage, and credit cards she owed about 90,000 in total on. She is living w/ me now and i need to know if her account can legally be frozen for nonpayment of these items. She currently receives social security and a ny state retirement. We will not be able to sell house for what is owed and she can no longer live on her own. What is the best thing to do
2 Answers from Attorneys
Re: alzheimer patients debt responsibility
Her condition unfortunately is not a defense and won't slow the collectors. You should contact the companies and try to work out a short payoff - and possibly sell the property and pay off everyone. One stopper is, unless you have power of attorney, you must get guardianship over her first - Article 81 Guardianship - a lawyer in your county could help. We are in Nassau County and service Nassau, Suffolk and Queens - call if you need help - five one six, two four eight, four thousand.
Re: alzheimer patients debt responsibility
In addition to the information about guardianship in the preceding reply to your question:
Note that the law exempts Social Security payments from being taken by debt collectors and the law similarly exempts some types of retirement plan payments and annuities from being seized by creditors.
Therefore, if the account is frozen, there are legal procedures to compel the creditor to release at least those funds which you can prove are your mother's Social Security payments and possibly your mother's retirement benfits as well.
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