[jcfeucht]

My mother is 83 years old and for the last 1 1/2 years has been incapacitated and no longer able to handle her financial affairs. I have her Power of Attorney. Prior to that time she was living independently and was handling all of her activities of daily living. At the time I began handling her financial affairs in January, 2008, I visited my personal attorney who reviewed her debt, noted that she had no assets whatsoever - no home, no car, nothing. She is now living with me in my home and I am providing for all her needs. Her social security check and a very small pension check are $900 per month. This does not even cover her monthly prescriptions, medical expenses, insurance, food, etc.

I notified all her creditors in January, 2008 of her situation and that she was without funds to honor her credit card debts. Over these last 16 months I have written countless letters to creditors and now to collection agencies. I have spoke to many on the phone. Now she has been served with a Summons & Complaint from one of the creditors "GE Money Bank".

I am not disputing that she had accumulated the debt. That is a fact. But she has no funds with which to honor the debt any longer. Her savings have been depleted and she has nothing nor any means of earning further money. Her health status has changed, she no longer can handle her finances on her own and she has nothing in the way of assets. She does not have a checking account and her financial status is such that she didn't even qualify for the government stimulus check last year.

What can I expect from the court in this situation. I have answered the Summons & Complaint, sent copies of her social security yearly statement and pension yearly statement but what are they likely to do next?

[Fr_Chuck]

They are likely to award the company a judgement, if you have not proven she does not owe the debt, they will get a judgement,

I don't know what they can get, unless maybe garnish the pension, ( not social security)

Next remember you don't have guardianship, you only have power of attorney, they are very different, a POA only allows you to sign for the other person if they are not there.
If they get to a point of not being able to have mental capacity, then you need to see about guardianship over them.

[jcfeucht]

Thank you, Fr. Chuck. That certainly helps.