Hello, my dad is in nursing home. he left cc debt. we cannot pay it. we offer to pay half. cc will not accept. what can we do?

My dad is 85 yrs old has been hospitalized and now is in nursing home for several months. he left $23,000 in cc debt. we are left with nursing/hospital debt. therefore we cannot pay cc debt. we have offered to pay half, cc has declined. we are afraid they are going to take the house/assets. we don't want to put him in backruptcy. what can we do? thank you
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Answers (2)

Keenan M. Post

Keenan M. Post Avvo Pro

Contributor Level 7
Is someone legally in charge of your father's affairs? If not, someone needs to get a power of attoney if he is competent to appoint someone and if not you should go to court and seek appt as his guardian and conservator. You will then be able to deal with his financial affiars which may include selling his house, etc. If the cc won't settle they will eventually file a lawsuit and if your father has assets they will seek to collect the judgment in full from those assets. Until someone has legal authority to act for him there is not much that can be done.
LEGAL DISCLAIMER

Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
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Nicholas Peter Slade

Nicholas Peter Slade

Contributor Level 3
You should also talk with a consumer rights attorney who has experience with the Fair Debt Collection Practices Act (FDCPA) The fact that the various debt collectors are talking with you about your father's debt is potentially a violation of the law. Additionally, any threats to try and seize his social security, or demands that you pay his debt are likely violations. Any time you are dealing with a debt collector the FDCPA prohibits them from using unfair harassing, abusive or decptive means to try to collect the debt.

The easiest way to find a consumer attorney near you is on the National Association of Consumer Advocates web site: www.naca.net
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