Legal Question in Credit and Debt Law in California
Elderly Mother's Credit Card Debt
My partner and I are caring for my aging mother. She is 79 and suffers from dementia. Upon taking over her finances we discovered she has 12 credit cards, all with balances. Making the minumum payments each month takes almost half of her Social Security income. We need the money to care for her. What would be the consequence of not paying the credit card bills? Mom has no assets and her Social Security is her only income.
2 Answers from Attorneys
Re: Elderly Mother's Credit Card Debt
If you do not make the payments the accounts will go delinquent and then go to collections, and ultimately the creditors can get judgments against your mother. While this may not be an issue for you given your mother's condition, there are better alternatives. You should request verification of the debts to ensure they were incurred legitimately, before the onset of her illness and then you can notify the creditors of her condition and try to settle the accounts. You should contact an attorney to discuss other alternatives.
Re: Elderly Mother's Credit Card Debt
There is likely to be no consequence other than telephone calls, which could be a problem if she answers. You may want the POA to write to them asking for all communication be in writing.
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