can someone else file bankrupcy for a person that is dissabled and cannot help themselves?

Question

Want to know if a parent can file a bankruptcy for a daughter who was in a car wreck and is uanable to work or pay her bills, if we can get her power of attorney>

Answer 1

if they have financial power of attorney

Answer 2

Filing a bankruptcy isn't as simple as it may seem. Bankkruptcy laws have changed substantially since the new laws came into effect in or about about October of 2005. There is cumbersome paperwork, and even some bankruptcy attorneys are calling the new laws a 'bust'. Plus, do you know the requirements re filing a Chapter 7 as opposed to a Chapter 13? Filings now are very difficult. In addition you are now required to talk with a "credit counsellor" within six months before you file. There are other requirements also. Plus attorneys are now charging as much as $3,000 for preparing the paperwork, not to mention the $300.00 filing fee the court assesses. (Attorneys fees vary from state to state, as do court filing fees)
(You mention a "power of attorney" Is this because she is so disabled so as to not be able to handle her affairs?) Whatever you decide to do, it is best to at least schedule an appointment with an attorney specializing in Bankruptcies. If you cannot afford the fees, you may well seek out a Certified Paralegal who also specializes in bankruptcies who can prepare the paperwork for you.
The important consideration here however, is whether your daughter is so disabled that she cannot make her own decisions. You should definitely consult with an attorney about this.

Answer 3

Yes, get a POA for financial matters. It can be broad to include all financial matters or limited to specific things, like the power to file for bankruptcy.

Of course, it's best to consult an attorney in your area.

Answer 4

see an attorney.....

power of attorney does not cover all affairs.............

takes a court order.