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Beachdiva Asked May 2015

Mom has no money....bankruptcy?

My mom has been diagnosed with Alzheimer's and can no longer live alone. She is currently living with me out of state. I had POA put in place immediately with an Elder Care lawyer.
I have been taking care of all her bills,utilities,credit card payments,but now she needs the money for her care. Should I just stop paying things or file bankruptcy for her?
She's been with me ever since I brought her for a visit and had her evaluated. Could not send her home of course!!

pamstegma May 2015
Go back to that lawyer who helped with the POA and ask what needs to be done. Bring her bills with you and the loan documents for her house. Start looking at memory care facilities and ask them about a benefits consultant. Most offer that as a free service.

gladimhere May 2015
I have heard of a few cases where payments are stopped on the house, and the bank will let her remain there until death or other living arrangements are needed. It the house underwater? Does she have any equity in the house? Is it significant? if underwater you may want to surrender the keys in lieu of foreclosure. You may just want to walk away, but do check with an attorney first on how to best deal with this.

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pamzimmrrt May 2015
If mom is 84 and bank seems to "own" the home... and if your name is not on any of the bills... I am not really sure how bankrupcy will hurt her. What is she going to buy or need a loan for? An attourney can answer this better.. but I don;t see a downside if she can't afford her bills...

Beachdiva May 2015
Failed to mention....house is owned by bank!
Bank has house tied up in two loans with a maturity date of 2029. Mom is 84!

gladimhere May 2015
Bankruptcy will not help her. Creditors will still come after remaining assets, including her home. Not a good choice. See an elderlaw attorney to help figure out the best way to negotiate the debt she currently has to secure something for future facility living. Most are not able to provide care for whatever remains of her life, as the care just becomes too difficult and specialized for most.

xxxxxxxx May 2015
Well, a lot of people live in their homes with a dementia/Alzheimer's Disease diagnosis for a while using assistance before they need 24 hour care. BUT, you've already begun the 24 hour care. So...

What I would do, is pack up her home, sell the house, now she doesn't need home insurance, utilities, mortgage payments and such. Use the money from the sale of her home to satisfy the credit cards and any other expenses she has. Does she have Social Security, a pension or investment income? Bankruptcy is something you want to avoid at all costs.

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