Legal Question in Credit and Debt Law in Virginia

Mother's line of credit/no money/nursing home

My mother has a line of credit or a credit card from FIA/Wachovia. We had to sell her home in order to pay for her to go into assisted living and during this time we have been paying monthly on her credit card/line of credit. Now however there is no more money and we have having to get her on medicaid so she can go into a nursing home that is paid for by medicaid. All she has now is a monthly income of $900 and 400 of that pays for her Blue Cross. It is my understanding that once she goes into a nursing home all of her monthly income from social security will go towards Medicare and the nursing home. Since we wont have any more money to pay off this card or even pay monthly will they (FIA/Wachovia) come after me or even try for my mother. Please advise what will happen in this type of case and what we should do. My mother is 85. Thank you for any advice.


Asked on 12/29/07, 2:02 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Mother's line of credit/no money/nursing home

Once payments have ceased, the lender will undobtedly issue some delinquency notices to your mother c/o you. However, before they refer the matter to their collection department, you should write them a letter explaining that you are in no way responsible for your mother's debts and that she is now on Medicaid and basically insolvent and confined to a nursing home.

That should put an end to the matter.(But, I should hardly need mention, that you would be well advised to carefully keep all records of correspondence and documents related to this matter.)

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Answered on 12/29/07, 2:16 pm


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