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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11806
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in Minnesota and i have a special needs brother who

Customer Question

I live in Minnesota and i have a special needs brother who lives in in Council Bluffs, IA. He is living by himself in an apartment but his short-term memory is really bad and I think he has dementia. His total income is from a $808.00 per month Social Security check plus whatever money I give him to make it from month to month (at lease $300.00 per month). He maxed out six credit cards about two years ago so I helped him to do a debt consolidation to lower his interest rates and he has been paying $274 per month to pay off the six cards. His $11,000 debt has been reduced to $7,200 in the past 18 months. My wife and I agree that he should never again have a credit card so we are thinking that we should cancel the $274 that is withdrawn from his checking account every month. My question is this: will stopping this payment hurt his chances when he needs to go into a nursing home and needs Iowa Medicaid to pay for his room and board in a nursing home?
Craig Kinsella (###) ###-####
Submitted: 10 months ago.
Category: Family Law
Expert:  LegalGems replied 10 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 10 months ago.

Does he have legal capacity (and if so did he have legal capacity when he took out the credit cards?) Basically legal capacity means he understands the legal effect of what he is signing.

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