Follow
Share

if I can prove he had already been diagnosed with frontal-temporal dementia before he incurred credit card debt can I get the debt dissolved?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
Credit Card debt is unsecured.

Let it go to collections and DO NOT RESPOND or make any offers to pay.

His need for a good credit rating has expired.
Helpful Answer (2)
Report

I’m not sure how this works. Credit card companies don’t know who has dementia and who doesn’t.

I hope that you are able to get this situation resolved quickly.

Best wishes to you and your family.
Helpful Answer (0)
Report
FLTNdaughter Mar 2023
I have a POA in place 3+ years now. He is in ALF stage 7A. We closed/cut up the cards back then. So now it in collections. One option is their next correspondence will make an offer to settle. Or l contact them and say he is not cognizant anymore
(0)
Report
See 1 more reply
IMO he would need to be in a NH on Medicaid to even prove there is no money. SS can't be garnished.

If he is living with you he has SS u can use for paying his bills. Call your Office of Aging and see if they have someone who can help you. Some companies will negotiate for full payment. Sometimes consolidating all the cards by getting a lower interest loan helps. Then you just have one payment to deal with and a lower interest rate. But, he cannot charge anymore. As long as there is a balance you cannot cancel but you can freeze the accts. But, you will still be charged interest on the balance.

I so wish our kids were taught how to use credit. The cards make it hard to get out of debt. That minimum payment after a while doesn't even touch the principle. You have to put a sizeable payment on that card to bring down the principle. And that payment does not come off the balance until the interest is taken first. I pay off monthly so I have no balance but my cards interest is over 25% and I have very good credit.
Helpful Answer (1)
Report

No. You cannot. How in the world is a credit card company to know if those applying for credit are demented? There could be a case for expenditures done face to face with elders who are clearly demented, but not here. You may, if you are POA, come to some sort of agreement, especially if there are no funds, or simply do not pay. There can be no judgements against social security funds, but there may be leins against a home for instance.

If he STILL has a credit card, suffers dementia, and is being allowed to purchase and manage his money he will lose EVERYTHING whether to scammers or to credit expenditures.

Speak with the credit card company and get the cards cancelled if you are POA. If you are not POA and there is dementia it is likely too late to do this, but guardianship and protection of this elder's finances is now in order whether by the family or guardianship of the state.
Helpful Answer (1)
Report

I don’t think so, but you can consult an appropriate attorney.

A quick web search found this

https://www.upcounsel.com/mental-capacity-to-contract

which indicates that he’d need to be declared legally incompetent to void new contracts, and even then may be able to form contracts during periods of lucidity.

Does he have a POA? If not, ask an elder law attorney if it is too late to get one.

I would suggest that you consider the best way to help him to freeze his credit.
Helpful Answer (0)
Report

You can ask creditors to write off the debt if there are no assets or money to pay the debt
Helpful Answer (0)
Report

was he diagnosed before he got the credit card?
Who is POA for finances? Were they aware of the use of the credit card after diagnosis?
Were these legitimate charges or fraudulent charges?
How old is the debt?
None of these may make a difference though.
This might be best taken up with an Elder Care Attorney. (and if no one is POA that needs to be addressed as well. Might have to file for Guardianship if he is not competent to assign POA. And if he is competent the credit card debt will undoubtedly have to be paid since his cognition would be intact)
Helpful Answer (1)
Report

Was 'he' (whoever that may be) capable of making the credit card purchases? Can you give us a little more information please?
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter