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Are Caregivers Responsible for Their Parent's Debt?

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I was recently asked “Am I responsible for my parent's debt? What if as a caregiver, I recently discovered that my father has several thousand of dollars of debt. Are parent debts transferable?” 

The answer is ‘No!” 

This question often comes up in cases like this, but even if you have power of attorney you are not liable for his debt nor can they be transferred to you (unless you cosigned for them or are listed as a joint debtor). 

However, depending on the situation, you might feel obligated to figure out a way to help him pay them.  Both of you might have a moral code that dictates that these bills get paid somehow. 

What kind of debt it is it?
Credit card?  Home improvements? Medical? Each might carry a different degree of obligation or urgency.  It might be easier to deal with a credit card company in some instances than a local plumber who really needs the payment for survival and you might also feel differently about the timing of settling the debt.

Where did the debt come from? 
On the other hand is some or all of the debt due to confusion on his part or a slick salesperson.  Is he putting clinic, hospital, or dental bills on a credit card instead of working out a payment plan with the institution which usually has a more favorable interest rate. Is some of the debt from automatic charges for some service or product that can be eliminated or reduced.  Are the payments being made on time or incurring late fees. 

Steps to reduce or eliminate these problems:

  • Can the payments be lowered to accommodate his low income.
  • If he is a homeowner with low or no mortgage debt, is a reverse mortgage a possibility?
  • If there is confusion involved, take away the credit cards and notify creditors.
    (this is one reason why we encourage everyone to have a financial power of attorney in place at any age!)
  • Try writing a letter to the creditor stating that there are no assets and requesting “debt forgiveness.”  (It is possible that the latter may work only after the parent is on Medicaid -Title 19.)
  • Contact the Consumer Credit Counseling Service (CCCS) in your area for help with tips or the actual negotiations if you need help.
  • If there are no assets, bankruptcy is an option, but get an attorney to assist in this area. There are many legal action or legal aid organizations across the country that give low or no cost assistance to the poor and elderly.
  • If your parent should be ill and dies before you get his all straightened out, pay off what you have funds for and then write the creditors with the news that he expired and there are no more funds. (When my mother passed away, we had more bills then assets and letters worked just fine-we never heard from the creditors again.)

June Schroeder is a Certified Financial Planner (CFP®) with Liberty Financial Group in Wisconsin, and has been working in financial services since 1979. Schroeder is also an RN, having received her degree from UW-Milwaukee in 1969. She served for 7 years as the Director of Economic Security for the Wisconsin Nurses Association, making her uniquely qualified for her role as a certified financial planner. She has written extensively for local publications as well as CNBC.COM. She has taught courses and lectured nationally on financial planning for universities and colleges.
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Comments (1 to 5 of 18)

rozslvk said
Apr 8, 2009

Really enjoyed the article I have recently paid off 50 thou. of ,my mother's combined debt which has left me in the lurch. The other siblings have no money or in brother's case it is all going to his wife's horses. Been lying and hidind some money away for my own safety. My Brother keeps telling me I don"sacrifice" enough. LOL

Broke In Solon...

Anne said
Apr 8, 2009

I recently paid off $80K of my folks past credit card debt, and lots of medical bills going back to 1993. I pre-paid funerals and every creditor, except for a remaining Home Equity Loan. Wish I'd payed that first before the Credit Card companies, who were screaming the loudest. Being a newby, I didn't know better. Thank God the taxes were up to date. The bank said if we can't pay the balloon at the due date, they'd just rewrite it, so that's encouraging. Or we could sell the house by some miracle... This can be a difficult process to sort out when everyone's screaming to act quickly. I did, and satisfied the majority, but would do it different if I had more time to think it through. No matter now. It is what it is. The rest we manage one day at a time.

dellabarbee said
Apr 8, 2009

Does anyone know why the article advised that everyone should have a financial power of attormey no matter what your age? I was a little confused by that

leahtown said
Apr 20, 2009

This article has proved to be timely and beneficial for me. Though I myself have vascular dementia, I do my best to help an elderly lady friend whose family will have nothing to do with her. I am now on her checking account and have a durable power of attorney. I am writing out her bills now so know how much debt she has. I believe she will qualify for debt forgiveness

juniep said
Apr 27, 2009

A financial power of attorney is a good idea for everyone because it gives your appointed agent the legal power to handle your financial obligations, like paying your rent or mortgage, insurance, dealing with creditors, etc., out of your own accounts should something happen to you that prohbits you from doing it yourself. That "something" could be, among other things, a medical crisis, an accident, or incompetency issues. For example, even your spouse would have difficulty accessing your IRA without a POA if those funds are needed. Make sure you understand what triggers your Power of Attorney to become active, appoint someone you trust, and make sure they know where their copy of that document is in case it is needed! Many states have blank copies of the state approved document available on -line -just print out and follow the directions to a tee. Remember, all POAs end at the death - then the executor takes over.

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