If mom is now in a nursing home, how do we handle her other bills?

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If mom is now in a nursing home, how do we handle her other bills?

My mother who is now residing in a nursing home had been making monthly payments on a court ordered claim against her. Now that she is in the nursing home all of her social security check goes there but $30. She has no assets or property. No one in the family can make these payments for her, so how do we handle this?

Asked on December 21, 2011 under Bankruptcy Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your mother is in a nursing home, I suggest that there be a springing power of attorney created and signed by her where at least one if not two family members are designated as her attorney in fact to handle her affairs if she is not capable to taking care of things.

I suggest that under this power of attorney, her social security check be placed in a trust account by one of the attorneys in fact under the power of attorney to pay her expenses directly. One of the attorneys in fact should then advise the judgment creditor of the situation that there simply is no money left to pay whatever is left on the unpaid judgment and see what the response is. Possibly there could be a pay off of the judgment at a significant discount by a family member. One issue to consider is what other assets does your mother have?


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