Legal Question in Credit and Debt Law in California

My mom has altzimers/dementia and has cc bills which she does not remember and she cannot pay the now because the interest rates are so high she cannot afford the min payments. What should I do, they are sending her demand notices, she is 3 months behind on them. She is in the hospital now she had emergency knee surgery for a bacterial infection and will be going to Rehad Facility for about 3 weeks and from there she might go to a skilled nursing facility. I cannot pay the cc's, my hubby has only worked 17 days since Nov of 09. We can't pay our own bills at this point. Thank you for any advice.

Should I contact her CC's which are Bank of America myself and let them know the situation?


Asked on 4/18/10, 2:22 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

You can attempt to negotiate with the credit card companies, however, my experience of late has been that they are not particularly helpful in situations even as sympathetic as your mothers. You need to evaluate the entire situation with an attorney in your area. There is a lot more information needed to fully evaluate your mother's situation. Depending upon what assets she owns and income she receives, she may be judgment proof, in which case the course of action might be nothing. Alternatively, she may have to look at filing bankruptcy. Unfortunately, if she is not legally capable of handling her own financial affairs, you may have to look into a guardianship before filing her bankruptcy. In any case, you need to sit with a professional to go over the entire situation in detail and come up with a plan to resolve this. I would, by the way, not let Bank of America know her situation until you have discussed this with an attorney in detail.

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Answered on 4/23/10, 2:46 pm


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