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Roger, Attorney
Category: Bankruptcy Law
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my husband has bewen diagosed with AlZheimers. I have documentation that he is not respons

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my husband has bewen diagosed with AlZheimers. I have documentation that he is not responsbile for debts he has incurred.
Should I send a cop[y of this letter to his creditors that he owes. He may be placed in facility in the near future and his income will have to be placed in a trust. Should I send all this information to his creditors?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney here to assist you.

 

Did he incur the debts before or after his diagnosis?

Customer: replied 2 years ago.
According the documentation I have in hand from his doctor he has been ill since 2001 and now is in final stages of the disease. This debts were incurred during the time period. He is first diagosed in 2008.
Expert:  Roger replied 2 years ago.

Ok. Thanks.

 

Generally, the law is that a person is responsible for any and all debts incurred UNLESS it can be proven that he/she was not mentally competent when the transaction occurred. Thus, you will have to be able to rebut the presumption that the debts are valid. You can do this by providing medical evidence that he has Alzheimer's Disease.

 

Unfortunately, the diagnosis will not prohibit or bar the creditor from pursuing the claim, and he can still be sued. But, the fact that he has a diagnosed medical condition related to mental competency is a valid defense to any claim or suit filed against him.

 

Thus, I do think it is a good idea to provide all of his creditors with proof of his diagnosis and inform each of them that he was not mentally competent to incur the debt and ask that they discontinue any collection attempts. Some may concede the point, and others may continue to pursue him.

 

If creditors do sue, you/he will have to appear and provide documentation of his condition. The judge should find any debt void if it was incurred after his diagnosis.

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26684
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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