Power of attorney for child?


R

rg

My child is in credit card debt for about $25k.
Child is age 25 and currently in rehab in FL.
I live in PA.
Would it be a good idea for me to secure Power of Attorney and file
for bankruptcy on his behalf?
 
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B

Brett Weiss

He would have to appear for the meeting of creditors, and a general POA
usually isn't sufficient to allow you to file on his behalf.

--
Brett

*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* (e-mail address removed) *
* www.brettweiss.com *
* *
* Small Business Estates & Estate Planning *
*****************************************************************

The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
*****************************************************************
 
R

rg

He would have to appear for the meeting of creditors, and a general POA
usually isn't sufficient to allow you to file on his behalf.
He plans to remain in Fl for possibly a few months in a voluntary half
way house. The creditors are calling my home just about daily. Should
I tell them anything? I feel it would be detrimental to his treatment
to have him return to PA at this time to file a petition. What are the
alternatives if any?
 
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B

Brett Weiss

To get the collection agency to stop calling and writing, send it a
certified letter, return receipt requested, stating, "Pursuant to section
1692c(c) of the Fair Debt Collection Practices Act, please cease all
communication with me."

This will stop everything but two types of communications; telling you that:
(1) it will terminate future collection efforts; (2) it may or will invoke
specified remedies that are normally invoked by the debt collector (i.e.
suing you or sending the case to a lawyer).

If it doesn't stop, you've got a dandy of a Fair Debt Collection Practices
Act case against it.

--
Brett

*****************************************************************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* (e-mail address removed) *
* www.brettweiss.com *
* *
* Small Business Estates & Estate Planning *
*****************************************************************

The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
*****************************************************************
 

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