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Will I be held responsible for my mothers bankruptcy

Midland, TX |
Filed under: Estate planning

My mother has Alzheimer's and has accumulated a mountin of debt. Her only income is social security she has no assets, No house, no car, no savings. Nothing! The amount she gets from her social security is just enough to cover her meds. But now with recent ambulance rides and over night stays in the hospital she has debt she cannot repay. is it a good idea for us to file bankruptcy for her? Will this effect my crediI or assets if we do this since I am her power of attorney ?

Attorney Answers 3


It may not be necessary for your Mother to file bankruptcy as it appears from your description of her circumstances that she has nothing that any judgment creditor would be able to take from her. And you are not responsible for paying her debts unless you cosigned on the account. To be on the safe side, you may wish to meet with a local bankruptcy attorney for more detailed information about what assets might be vulnerable to the actions of a collector.

I am posting a link to a description of property that is protected in all 50 states for you to review. Hope this perspective helps!

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You won't owe anything just because of your status as power of attorney. Just be sure that you haven't co-signed for any of your mother's debts, because if she files for bankruptcy, they'll come for you.

I'm not your attorney; my answer to your question includes assumptions. If you want me to be your attorney, I'm easy to find.

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From what you have stated above there really does not seem to be anything a creditor will be able to get if they obtain a judgment against your mother. You probably have nothing to worry about on your end as long as you have not co-signed on anything with your mother. Speaking with a bankruptcy attorney would not hurt in this situation for advice.

Good luck!

Legal Disclaimer: Mr. Boston is licensed to practice law in Maryland. 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. (301) 850-4832 Boston Law Group, LLC

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