Legal Question in Credit and Debt Law in Alabama

My 83 yr old mom entered the nursing home in Jan 2010. Her only assets at that time were $5000. in her checking account and her residence which is tax valued @ $18,600. Her banking account was depleted after paying for the Jan nursing home bill. She is medicade pending and her residence was put up for sale as required by medicade with a lean on the property. My mother also has a $5,000+ credit card bill. What should I do about the bill. I am her power of attorney. I have not paid the credit card company since she entered the nursing home and they somehow got my number and have been calling me but wanted me to send them a copy of the power of attorney so that they could discuss her bill with me when they learned that she is now in the nursing home.


Asked on 3/21/10, 5:44 pm

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

The folks attempting to colect the credit card bill have no right to attempt to collect from you. Tell them to leave you alone. Your mother has no assets or income. If they ask if you should pay the bill, say "No!". Is your mother mentally competent? If she is not, has a conservatorship been established? If not, they would have to talk to her about the bill. If they want to, they can file suit against your mother and get a judgement against her. Under the circumstances, they will probably not be able to collect on the judgment. You don't have to discuss this with them. Tell them you don't owe the bill, you are not her guardian or conservator (if in fact you are not) and that they should not call you again. Then follow that up with a letter. Good Luck

Read more
Answered on 3/27/10, 7:55 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Alabama