Legal Question in Consumer Law in Maryland

Re: How to get financial relief for an incompacitated person

If your relative is medically incapacitated and a durable general power of attorney has not been previously effected, your recourse to assist your relative is to pursue a guardianship appointment. Guardianship requires a judicial determination.

Creditors will not recognize you unless you have legal authority. Although an attorney's assistance to give effect to a DURABLE general power of attorney would have been preferred, foreseeing life's needs and its tribulations is often less than perfect. If you do not have a durable general power of attorney in place and inferentially I assume no guardianship applies, then you have no legal power to resolve the matters involving credit card charges.

With this I assume that the relative suffering from medically diagnosed dementia was the primary and sole signatory party to the credit card agreement and that such signature was rendered prior to the onset of dementia. If such is not the case then other matters may lie.

Unfortunately, you now have before you what you have. A thorough review of your relative's affairs is in order. This is a decision for the relative that is closest to the afflicated person (i.e., spouse, child or parent). You should consult an attorney for assistance with the many matters that are involved that may include estate matters, real and personal property, rights to and qualification for governement assistance, insurance and medical care/billing matters, etc.

As an elder law attorney, I may be of assistance with attending to the needs of your elder relative. Please feel free to contact me if you require support for legal decisions. My fees are reasonable.

G. Joseph Holthaus

(410) 799-9002