My father will not be able to afford his credit card payments after he moves into an assisted living facility. What are his options?

I'm curious about the benefit of bankruptcy for Taisia's father, because I know someone in a similar situation. Father has no income or assets that can be touched by creditors. His credit rating is no longer of concern. What are the advantages, if any, of filing for bankruptcy, as opposed to just notifying the creditors that there is no money to pay them and Father is in a care facility?

(I feel bad for the creditors, but either way they are not getting paid.)

I would definitely get an opinion from an attorney who specializes in Elder Law. If your Dad is a veteran, he can apply for benefits up to $2000 per month. I guess the bottom line is making sure he can stay in assisted living...I don't know - bankruptcy may be the best way to go unless it messes up his assisted living situation. Good Luck!

vb25915n, did you consult an attorney before putting Mom's house in your name? I hope Mom doesn't need to apply for Medicaid within five years. Medicaid allows people to own a home, but there is a penalty for giving assets away within the 5-year window.

Laws and regulations are complicated enough to require professional guidance beore taking major action -- even if the action seems "obvious."

Tomatilla, I don't understand the house issue. If the house is sold the money would be used for the private-pay ALF costs, right? Does Mother have other debts? How would bankruptcy fit into this picture?

ALF as in assisted living facility, correct? Just checking lol. Why can't your mom transfer her home into your name, or your sisters? This way, she could stay in ALF because the property would no longer be hers. The two of you could get around to selling it when the time was right. When my mom was diagnosed with Alzheimers, we immediately took the house out of her name so that she would be eligible for more benefits.

About bankruptcy: I get the Ch. 7 part but what if there is the property that is the home/primary domicile? My mom is in an ALF, and the program that helps pay is based on Medicaid eligibility.if her house is sold, the proceeds will be treated like assets and no help for the ALF. We would have to move her back home and it would not be the best situation as I would be the 24/7 caregiver and I have health issues that make me unable to do much. The ALF is great and does so much for her and she does well there. Her home is in bad shape, would not sell for much, and we would have to put belongings in storage. If the house was OK, we would just leave it. However, it has been broken into, has roof issues, and ny sibling who lives 20 miles away and has a good income, won't even check on the house b/c she considers it a bad neighborhood. As you might guess, she contributes zero. Since I can't worth now, my husband pays anything out of pocket and that is eating into our retirement plus our youngest is still in college. Mom is so sweet but she cannot live alone. She forgot my birthday this year. I am between a rock and a hard place. The ALF is private pay only. Others that take Medicare/Medicaid in my area are awful--wouldn't put my cat there. Thank you for any ideas. I do plan to see an ElderCare atty. I have already spoken to 3--not much help other than "so sorry" and you will have to take Mom home. At this rate, between health and stress, she will probably outlive me.

Yes! Pension and social security cannot be touched by creditors, and bankruptcy is not a bad choice either. I've worked at a small law firm for 6 years and we specialize in bankruptcy. It is truly a simply process, and from start to finish your father's bankruptcy should be settled in a matter of months. As long as he truly has no assets (property, cars) then a social security and pension income should be a simple chapter 7.