My step-dad went from an assisted living home to a nursing home. He has a postal pension, VA aid and attendance and disability (which are al...

Question

My step-dad went from an assisted living home to a nursing home. He has a postal pension, VA aid and attendance and disability (which are all accounted for with his Medicaid). He has credit card debt (used to pay for things while in assisted living, etc.) I and his wife are listed as authorized users. His wife lives in an apartment she is on disability. They have no extra money at all. I am his POA and tried to explain all of this to the collection callers. Now, there is a court hearing scheduled. I am not sure what to do. Do I go to court on his behalf? Do I submit some sort of document in lieu of attending the hearing? If there is a judgement placed against him, will this affect his wife? In what way? Please help.

Answer

More information is needed. Who is the collector? Which law firm/attorney is representing them? How much is this claim? Where specifically is it filed?

You really need a phone consult with a consumer attorney, whether its my firm or another. I cannot post enough information here to adequately respond to your multiple questions.

Answer

Being an authorized user does not make you or the wife liable for your step-father's credit card debt. And the wife would appear judgment proof for her own credit card debts if she only gets disability income and lives in an apartment and has few assets.

As noted by Attorney Artim, you provide no details on the lawsuit. But being a power of attorney for someone does not permit you to appear in court on behalf of that person. Depending on how the power of attorney is drafted it would, however, permit you to hire an attorney for your step-father provided that it makes sense to do that. But to know that one would have to know the details of the suit.

If its suit by an original creditor and the statute of limitations has not expired and barring any other valid defenses or objections to the lawsuit or claims therein (again an attorney would need to know all the specifics to know what will or will not exist) then the creditor is probably going to get a judgment against your step-father at some point. If. on the other hand, this is a suit by a junk debt buyer, then litigation may make sense. A smart attorney like Attorney Artim may even be able to get the lawsuit dismissed.

If a judgment is entered against your step-father it will not affect the wife. The wife should have a separate bank account from step-father into which she only puts her disability. What other assets does the stepfather and mother have and how are they titled? If owned as a tenancy-by-the-entireties (a legal form of ownership available to husbands and wives) then the law provides that assets held this way cannot be seized by the creditors of either. However, if the wife was also sued for the same debt that would be different.

Trying to "explain" to debt collectors over the phone is a useless act. They have neither a heart nor brain. The way to handle is by letter and to provide relevant documentation (like a power of attorney).

With regard to a lawsuit, any document which is submitted would be called an "answer" which gets filed with the court. As I stated, you cannot represent your step-father in court. You cannot file an answer on his behalf. If this is in small claims, then maybe some magistrates will give you a bit of leeway but that is not really proper. All you can do is hire an attorney if it makes sense.

Attorney Artim has a statewide legal practice but you do not indicate your zipcode and depending on your area you should have your documentation reviewed by either him or local counsel to see what the best way will be to deal with this suit in particular and with the credit card debt overall.

A good attorney can write letters to the other creditors on your step-father's behalf and advise of his cirucmstances but that does not mean that your step-father cannot be sued.