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    debberson's Avatar
    debberson Posts: 4, Reputation: 1
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    #1

    Jan 21, 2012, 09:39 AM
    What can I expect..
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    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?
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    debberson Posts: 4, Reputation: 1
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    #3

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    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.
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    debberson Posts: 4, Reputation: 1
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    #5

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    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.
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    debberson Posts: 4, Reputation: 1
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    #7

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    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.
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