Legal Question in Disability Law in Indiana
credit cards for mentally handicap
my brother is mentally handicap, gets ssi and gove assists with living expences in a apt complex of others the same way, i found out he has 4 credit cards in his name one with a balance of 14,000.00, is there any laws protecting him from this debt, he should never been offered these he doesnt understand them and cannot pay them back with his income, they should have checked where his income is coming from, what can we do to help him besides chop them up?
1 Answer from Attorneys
Re: credit cards for mentally handicap
Mental capacity is a precondition to contract validity. If there is a guardian for him, that person would challenge the debt and make sure his SSI is protected. Whoever is going to take responsibility for this needs to contact local counsel to see about going to court to establish a guardianship and be able to monitor his credit report, so he doesn't get any more cards.
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