Legal Question in Bankruptcy in Illinois

My mother is in a Nursing Home and is on Medicaid. She can no longer afford to pay her credit cards. Her mail and the phone number they have is mine, since I am her power of attorney. How can I stop them from bothering me. They insist on speaking with her and not me. I don't want them harassing her at her nursing home. Can I file for bankruptcy on her behalf since I am power of attorney or what do I do. I am also an authorized user on these cards can they sue me also.


Asked on 10/05/10, 5:16 am

2 Answers from Attorneys
Caroline Palmer Law firm of Caroline Palmer

I doubt you will be able to file for bankruptcy for your mother. Even with a power of attorney there are certain documents she will have to sign.

A lot of creditors and collection agencies don't like to acknowledge power of attorneys. You will probably need to fax them a copy of the signed power of attorney several times and have your mother talk to them over the phone before they will acknowledge your right to deal with them on her behalf.

The best way to get them to stop harassing you would depend on the specific circumstances of each creditor, but generally the best way is to work out a payment agreement.

If you are an authorized user on a credit card and not a joint account holder then they cannot sue you fir the debt.

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Answered on 10/10/10, 7:42 am
Charles Dobra Charles Wm. Dobra, Ltd.

I disagree with my sister Caroline. You can certainly file on her behalf. Done all the time.

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Answered on 10/10/10, 1:37 pm


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