Legal Question in Credit and Debt Law in California
Handling a parents debt when they are incapacitated.
What are my legal responsibilities for my parents debt when they are incapable of caring for themselves. The debts would include - credit card, telephone bill, electric bill, mortgage etc. My parent has been living on social security. Thank You.
2 Answers from Attorneys
Re: Handling a parents debt when they are incapacitated.
Responsibility for debts depends on whether you are also legally liable for them, e.g. a joint credit card account. You may wish to consider guardianship and/or conservatorship proceedings unless your parent already has incapacity planning documents in place. As a guardian and/or conservator, you will have legal authority to assist your parent in his/her care and finanacial responsibilities. If you need assistance in this regard or have further questions, please contact me at www.lawgreg.com
Re: Handling a parents debt when they are incapacitated.
Chances are that you have no personal liability for their debts. Of course, they still do, and if mortgages are not paid, property can be foreclosed; if electric bills are unpaid, the utilities can turn off the power, etc.
If they are presently able to understand what they are doing, it could be wise to have them execute a power of attorney allowing you to act in their behalf. If they are already incapacitated, you will need to apply with the courts for a conservatorship to handle their affairs.
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