kellyals907
Junior Member
State of Alabama
My mother co-signed on a small loan for her sister a couple years ago. Since then my mother has suffered many medical problems, including 2 strokes, (cva) as well as a heart attack. Now her mind is the equivalent to a child. She has lost alot of her memory. She often "forgets" that I have 3 children instead of 2, my youngest was born after her last stroke.
Anyway there has been a small claims court case filed against my aunt and since my mother was listed as a co-borrower she is also included in the claim. My questiong is since she is "mentally imcompetent" can she be held liable for this debt. And if we case use the fact that is not mentally sound, do we have to get the courts to declare her mentally imcompetent or can her physician write a letter on her behalf stating her medical condition and that is does in fact effect her mind?
Thanks for any help
Kelly
My mother co-signed on a small loan for her sister a couple years ago. Since then my mother has suffered many medical problems, including 2 strokes, (cva) as well as a heart attack. Now her mind is the equivalent to a child. She has lost alot of her memory. She often "forgets" that I have 3 children instead of 2, my youngest was born after her last stroke.
Anyway there has been a small claims court case filed against my aunt and since my mother was listed as a co-borrower she is also included in the claim. My questiong is since she is "mentally imcompetent" can she be held liable for this debt. And if we case use the fact that is not mentally sound, do we have to get the courts to declare her mentally imcompetent or can her physician write a letter on her behalf stating her medical condition and that is does in fact effect her mind?
Thanks for any help
Kelly