View Full Version : What can I expect..
debberson
Jan 21, 2012, 09:39 AM
My mother is in a nursing home and I have power of attorney, a few cheques went nsf over the last 3 yrs or so, so I am in arrears of 8000.00, now they a taking me to court for this, what can I expect, as in charges, I am currently unemployed, can I claim bankruptcy, what can I do ?
ScottGem
Jan 21, 2012, 09:47 AM
What does you mother have to do with this? Who do you owe the $8k to? Where are you located?
debberson
Jan 21, 2012, 09:53 AM
Sorry I didn't explain this in detail, I owe this money to the nursing home where my mother lives,I am located in orillia ontario.
ScottGem
Jan 21, 2012, 10:00 AM
Why do YOU owe it? Shouldn't this be your mother's debt? This may not be dischargeable by bankruptcy. I would try to negotiate a payment plan.
debberson
Jan 21, 2012, 10:11 AM
No it isn't my mothers problem because I am her power of attorney, I have control of the money, and yes I will try to work out payment plan hopefully before they take me to court, will I have a criminal record or do jail time.>??
ScottGem
Jan 21, 2012, 10:30 AM
Your having POA does not make you liable for her debts. Unless you personally guaranteed payment the debt is not your responsibility. You do have responsibility for managing her assets, but not liability for her debts.
I don't believe Canada criminalizes debt.
debberson
Jan 21, 2012, 10:40 AM
Can I say to them that I am not responsible for my mothers debt even though I am POA and I have access to her bank account... and should I seek a lawyer>>>??
ScottGem
Jan 21, 2012, 12:13 PM
Without knowing what contracts were signed with the nursing home, I can't be sure. Also, I'm not familiar with how nursing homes are handled in Canada. Hopefully some of our Canadian members can help more with that. But unless you signed to guarantee the costs, then it is not likely you are liable for her debts.
I would talk to a specialist in elder care in your area. I don't think you need an attorney, but I can't be sure.