Legal Question in Consumer Law in Virginia

Alzheimer's Patient

Is someone with Alzheimer's responsible for credit card debt? She only has social security of $1100. a month which doesn't even cover her rent and utilities. We (her daughters) are paying for medicines, food, caregivers,etc.. We have been trying to pay the credit card also, but the payments are becoming too much for us to handle.


Asked on 2/02/09, 2:28 pm

2 Answers from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Alzheimer's Patient

This is debatable and we need more facts to answer this fully. You should consider consulting an attorney before you make any payments or do anything on this yourself. Feel free to call or email me if you have further questions or need a referral.

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Answered on 2/02/09, 3:04 pm
Jonathon Moseley Moseley & Associates Law Firm

Re: Alzheimer's Patient

If her only income is $1100 per month and it is social security, then if they tried to sue her, they could not collect. She is judgment proof (unless she has other assets that they could collect against.)

So it would not make a difference either way.

But technically speaking if she is not mentally competent than any legal documents or transactions that she enters into would not be legally enforceable.

The trouble is that this is not automatic. You would have to prove that she is not legally competent, and was not at the time in question.

It would be somewhat inconsistent with that argument if yo ulet her continue to use the credit cards.

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Answered on 2/02/09, 4:08 pm


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