Legal Question in Elder Law in Washington

Responsibility for parents debt/POA

I am my my 88 year old mother's POA.. She lived in CA but became incapacitated by Stroke 6 years ago. I sold her home and since then all her insurance, retirement and my Dad's pension have gone for her care in a nursing facility. My husband and I thought all her old debts had been taken care of. I just received a notice from Bank of America that she had a credit card with them with a $6000 bal that has gone to a collection agency. We cannot pay that for her, but I am receiving collection calls now at my home. When I became her POA in WA, we visited an Elder law lawyer who assured us we would not be responsible financially for any old debts or obligations since she is not our dependant. I do not beleive this is stolen identity or fraud since my mom and dad (who passed away in 1998) did have an account with them and I verified the dates. What should we do?


Asked on 2/27/08, 1:33 pm

1 Answer from Attorneys
Merry Kogut Key Peninsula Law

Re: Responsibility for parents debt/POA

First of all - I hope you're entitled to what you referred to as your Dad's pension.

Next, the attorney gave you correct information. You are not personally responsible for your mother's debts. She is the only one responsible.

Fight back on behalf of your mother's estate. Write to the collection agency, with a copy to BOA, and ask them why they didn't mail notices of the debt - and what address they used - etc. Let them know that all funds go to your mother's care and there is nothing left with which to pay this bill. Sorry, too bad, so sad. Emphasize that you have no financial obligations.

Second, sign up your mother for Medicaid. Unless your mother has her own big income, the state should be helping to pay the costs of her nursing home care.

Good luck!

Merry Kogut

[email protected]

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Answered on 2/27/08, 4:08 pm


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