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Am I legally responsible for my mother's mortgage payments?

Am I legally responsible for my mother's mortgage payments?

Q: Will I lose my social security if I file bankruptcy?

No, filing for bankruptcy does not affect Social Security benefits. These benefits are generally exempt from bankruptcy proceedings. However, it's crucial to consult with a bankruptcy attorney to ensure that all aspects of your financial situation are considered during the filing process.

Full question:

I have my mother's durable Power of Attorney. She is 79 and has dementia. Two years ago we had to file bankruptcy for her because she didn't pay her bills. The referee for the bankruptcy would not finalize it because she continued to not pay her bills. The only way he would sign off on the bankruptcy is if some one else was responsible for paying my mother's bills. Approximately 6 months before I got involved and got her Power of attorney, she refinanced the house with a high risk mortgage. She did not want the house to be part of the bankruptcy. Her mortgage goes up 10% every year and she cannot continue to pay it. The payment is over $1100.00 each month. Since I pay her bills, I want to know if I decided to either not pay the mortgage or to just pay a portion of the mortgage, am I legally responsible for the difference. I have tried talking to my mother and she just won't listen. I have told her she cannot afford to stay in her house any longer and if she would just move into an apartment she would have extra money. She still refuses to move out. The mortgage takes up all of her Social Security check and just about all of her pension. If she didn't work part time she wouldn't have money to live on each month. I need to know what my legal rights are regarding this. I can't afford to take on her bills either.

Category: Power of Attorney
Date: 04/07/2025
State: Ohio

Answer:

Your legal responsibility depends on the court's order regarding your obligations to pay her bills and whether you're listed on any lender documents. I recommend seeking debt counseling or financial advice to help you and your mother make informed decisions. A third party may assist in persuading her to consider alternative living arrangements.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Should a senior citizen file bankruptcy?

Filing for bankruptcy can provide relief for seniors struggling with debt. However, it should be considered carefully, as it may affect their credit and financial stability. It's essential to evaluate all options, such as debt counseling or negotiating with creditors, before deciding to file. Consulting a bankruptcy attorney can help seniors understand the implications and make an informed choice.

Can someone with dementia file bankruptcy?

Yes, a person with dementia can file for bankruptcy, but they may need assistance. A durable Power of Attorney can help manage the process if the individual lacks the capacity to make financial decisions. It's advisable to consult a bankruptcy attorney to ensure the filing is handled correctly and to protect the individual's rights.

Should seniors declare bankruptcy?

Seniors should consider declaring bankruptcy if they are overwhelmed by debt and cannot meet their financial obligations. However, they should first explore alternatives like debt management plans or financial counseling. Consulting with a legal expert can help seniors understand the best path forward based on their unique circumstances.

How much does it cost for a senior citizen to file bankruptcy?

The cost to file bankruptcy can vary widely, typically ranging from $300 to $1,500, depending on the complexity of the case and attorney fees. Seniors may also incur additional costs for credit counseling and court fees. It's important to discuss these costs with a bankruptcy attorney to understand the total financial commitment.

Will I lose my social security if I file bankruptcy?

How to get power of attorney for elderly parent with dementia in Florida?

To obtain a Power of Attorney for an elderly parent with dementia in Florida, you must demonstrate that they are unable to manage their affairs. You can create a durable Power of Attorney document, which must be signed by your parent while they still have the capacity to understand the decision. Consulting an attorney can help ensure the document meets legal requirements and protects your parent's interests.