It's Always Something!

What is the name of your state? Maryland

I have written in a couple of other forums here about my brother-in-law. He suffers from brain cancer and has been deemed incompetent. The POA is now in effect, with his two sisters acting on his behalf.

When his illness was diagnosed in 2000 and over the past three and a half years, he has incurred some rather large medical bills, most of which have not been paid. Most of his financial matters have been turned over to me to handle, even though I'm not on the POA, because I am clever money and with solving problems. I have written to all of the doctors explaining why they have not been paid, asking them to forgive the debt. They have quieted down but I'm sure I'll hear from them in the future.

My BIL is indigent, receives SSDI, all of which goes to pay for his assisted living expenses. He also receives county and state funding, which help pay for his housing and his prescriptions. He needs a special type of assisted living, with 24-hour close supervison, because he goes outside at all hours and wanders into the street and into other peoples' homes. His family members tried to care for him in their own homes, but they wound up exhausted and sick from having to watch him constantly.

Today I received notice from a collection agency of a medical bill totaling some $12,000 for treatment. The notice indicates that my BIL will be sued for this money if it is not paid immediately.

My question is whether a collection agency can sue someone who is now mentally incompetent, even if he was competent at the time the expense was incurred. I can certainly present the agency with a copy of the physician's letter attesting to his incapacity. Are they permitted to garnish his SSDI? If the agency cannot collect from my BIL, are they likely to attempt to collect from his sisters who now have Durable POA?

I would like to write to the collection agency explaining the present situation, but wish to protect both my BIL and his sisters as much as possible. I don't want to say too much or too little. If I knew more about my BIL's rights vis-a-vis the rights of the collection agency, I'd be better able to fully explain what's going on.

This free advice forum has been a tremendous help to me in the past. I appreciate any information you can give me now.

Thanks in advance.