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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Im power of attorney 83 year old gentleman he

Customer Question

Hello Im power of attorney for an 83 year old gentleman he had an account with Capital One credit card he has entered a nursing home and is left with very little funds . He is unable to pay the amount Capital One sent him to collections and a law firm is taking him to court I was told bye a Lady at the Bank that the Pension diversion act protects him from credit card companies sueing him im wondering if this is a fact and what or how would I find the exact subsection of the act this man has limited funds as do I and I have already responded to the courts on his behalf but I have seen the Act but am having trouble finding the exact subsection which the court has told me if I can get they will rule thanks in advance ..Grant
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
He can most assuredly be sued. That is not at all correct. But if there is a judgment against him his retirement pensions cannot be garnished. I think that is what she means.
Customer: replied 1 year ago.
is there such an act as the Pension Diversion that has this covered
Expert:  Legal Ease replied 1 year ago.
Read this article: http://acelaw.ca/appimages/file/When%20can%20OAS%20&%20CPP%20Benefits%20be%20Subject%20to%20Seizure.pdf This is what you are looking for: http://laws-lois.justice.gc.ca/eng/acts/G-2/

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