QUESTION

Can we file for bankruptcy for my mother?

Asked on Dec 21st, 2015 on Bankruptcy - Illinois
More details to this question:
My mother is in a nursing home. My father passed away in August. He had spent money my mother had inherited on numerous investments. Upon his death we had little to bury him with. Medicare has denied help for my mother because of the money my father had abused. Since we cannot prove much since he is dead, can we file bankruptcy for mom?
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1 ANSWER

There is a lot in your question that needs to be reviewed. As to the Bankruptcy filing, you did not state that you had Power of Attorney or there was a Guardianship order.  Should that be true, you cannot file for her.  She is an independent individual, who needs to retain her own attorney and file for relief under Bankruptcy.  Although you can find a lawyer, she would need to be the client and review and sign any Petition. As to the Medicare denial, it may be time limited in that there was be a spend-down period found.  It may also be the result of a failure to submit documentation that her husband was deceased.  If you know he died in August, then a certified death certificate can be obtained confirming his death.  A referral to an Elder Law attorney is the best way to analize this matter.  The attorney can review the prior Application, the denial, and all relevant papers that you/she has.  There may be an entitlement to benefits - now or in the future. The debts of which you speak, may be only those of her husband.  His being deceased may end all collection upon the creditors being so notified.  Payment would be limited to his Estate.  Since there apparently was no such Estate, the debts can be discharged, but a Probate Estate may be required.  It also may not, which is another matter to address with your Elder Law attorney. As a practical matter, your Mother is in a nursing home and effectively (per your statement) judgment-proof.  There may be no reason for her to formally go through a Bankruptcy as no creditor may seek to collect from her.  This, however, is her decision and one to be made after consulting a Bankruptcy attorney.    
Answered on Dec 22nd, 2015 at 11:46 AM

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