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His estate will be sued and the credit card company will get what's left after he dies.

There is little a creditor can do in such circumstances except wait until the patient dies and then file a claim against the estate, a lawsuit is not necessary for this to be done.

However, a person with dementia must have given a POA to an acceptable representative while they were cognizant of the action. If A POA is not in place, it will be necessary for a family member to file for adult guardianship/conservatorship. If no family member is willing to accept the responsibility, the court will appoint a Guardian Ad Litem to oversee the financial and personal affairs of the incompetent person.

Please be advised, only a very few states have laws which do not allow a creditor to file a lawsuit against a person who has Alzheimer's or other types of dementia. The law does not consider a medical diagnosis of dementia to be sufficient proof of the person's inability to function, but instead usually requires a competency hearing before litigation is possible.

The issues involved can be extremely complexed and expensive and is best handled by an attorney specialising in Elder Law.

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โˆ™ 2011-09-13 11:58:02
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Q: What happens if a father-in-law who's 89 years old and has Alzheimer's stops paying his credit card debt because of full-time caregiver expense?
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