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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110565
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My father has accumulated quite a bit of debt. We have a

Customer Question

My father has accumulated quite a bit of debt. We have a Power of Attorney and a Healthcare Proxy. They have deemed him unfit to make any decisions. He is in a a rehab facility since April 21, 2016 with his medicare "pending". He has been in need of a hip surgery for years but is a diabetic and has mental issues which he he has not been treated for in 15 years. Where do I start? Has a retirement check, has ss and has a home mortgage.
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
At this point, quite honestly, he is what is called judgment proof, meaning his assets that you mentioned cannot be seized for any judgment debts. You need to consider filing for medicaid as well and also for the debts you could file bankruptcy if you want, but being that he is judgment proof because his SS and retirement cannot be garnished and his home is protected under homestead, you may just want to just tell the creditors you are sorry but he is insolvent and ignore them. IF they sue, ignore the suits and let them get default judgments and if they try to collect then there is nothing they can take or garnish and they have a useless piece of paper.
As his guardian, you can force him into mental health treatment, apply him for Medicaid and seek to get him the care he needs. Medicaid and Medicare should not take this long to approve, so you need to get those started.

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