[Sheila41]

A relative of my 86 year old aunt ran her credit card up to $11,000.00 unbeknownst to her. This relative and her husband have now separated, are losing their house and the credit card company is tormenting my aunt who is now in a chronic care ward awaiting transfer to a nursing home. She has no assets. Her only income is old age and canada pension and a government pension totalling approximately $1650.00 a month. She will probably have to have her nursing home care subsidized. She is not physically or mentally able to take this crooked relative to court. Her son has explained the situation to the credit card company (VISA) but they appear to be unsympathetic and suggested that he pay it. He is not financially able to do this and because his name is not on any contract, I don't think he is legally bound. He wonders if his mother should declare bankruptcy. We don't know if she has the mental capacity to understand what she would be signing. It has been suggested that the credit card company simply write it off. I think she is judgment proof. Any suggestions? This has been a terrible upset for all of us.

[ScottGem]

I agree she is judgement proof. So let card issuer sue her.

The son is not obligated and should not pay anything.

A couple of points however. First someone should either get Power of Attorney for this woman or be declared her guardian so they can act on her behalf. Second, if it can be proven these relatives used her card fraudulently they can be prosecuted. Finally, writing off a debt has only to do with tax issues and does not affect the obligation to pay.