Legal Question in Credit and Debt Law in Georgia

My father who's 70 years of age suffered a Trama Brain Injury and is currently unable to take care of himself as well as his affairs. I'm handling all of his household bills. But what recourse do I have in regards to his credit card balances?


Asked on 7/14/10, 8:07 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I'm not understanding what you are asking. It's not your bill. He still owes it. Were you trying to become his guardian?

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Answered on 7/14/10, 11:11 am

I'm not sure what you are asking. Did your father make you as his attorney-in-fact before his brain injury under a financial power of attorney that survived any mental incompetency (called adurable power of attorney) and which either took effect immediately or only at such time as your became incompent (called a springing power). If there is no power of attorney, how mentally competent or incompetent is your father and are there any other siblings who would question you stepping in to handle his affairs? If your father is not competent, then you will have to seek to become the guardian on your father's person and/or his property. Note that this can be two different people. Whoever is good with money should handle the finances and whoever is better with caringfor your father should be in charge of his health care and daily living. If it is all on you, that is ok too.

Regarding the finances, if you have a power of attorney or property guardianship order from the court, I would suggest that you write to all of the creditors by certified mail at the correspondence address. Say something like: "Dear creditor: my father [name} had an account [number]. He suffered a traumatic brain injury and I am attorney in fact/guardian (attach a copy of the document). Please direct any further correspondence to my attention."

If your father has enough money, pay the bills from your father's funds. If he does not, then tell the creditors to close your father's account and that any assets in your custody are going towards your father's medical/living expenses. You do not have any personal liability for these balances unless you either used the card or are a co-applicant.

If you want me to do these letters for you, I can do so for a reasonable fee. If you need to obtain guardianship, you will have to contact counsel in whatever state your father resides in.

Feel free to contact me if you would like further assistance.

Rachel Hunter

Attorney at Law

[email protected]

(678)-687-9693

Admiktted in GA, PA & NC

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Answered on 7/14/10, 12:24 pm


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