Legal Question in Credit and Debt Law in Pennsylvania

Guardian

Can the guardian of an estate assign credit card debt from the guardianee on to there own personal credit card and expect a third party that had an agreement to pay the debt to the guardianees credit card company prior to the need for a guardian. No discussion was made with the third party and the guardian. The guardian placed the amount on there personal credit card with no discussion with the third party and no verbal or written agreement was made between the guardian and third party to pay the debt to this new personal credit card of the guardian. The guardian is now demanding that the third party pay this personal credit card and write the payment to the guardian and not to the credit card company or to the guardianee whom the original agreement was made. This may also deal with elder law.


Asked on 4/27/07, 8:03 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: Guardian

I'm not sure that I understand the question. I think you are asking whether the estate of a person who has been appointed a guardian and who previously used their credit card to make a purchase for a third party before being appointed a guardian, may still collect from the third party through the guardian. If so, I think the answer is yes on a theory of unjust enrichment but the collection would be on behalf of the estate. I don't think the third party would be directly liable to the guardian.

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Answered on 4/28/07, 12:32 pm


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