Credit Card Interest, APR

[Flowers]

What is the name of your state? NY
Hello,
My husband is in a nursing home as a long-term care patient..He has been disabled by a massive stroke, cannot speak, swallow and comprehends very little.

I should have started paying the nursing home in June $1050.00 a month from his pension. This is what medicaid decided would be his monthly fee.

He left a few credit card debts which I have been trying to pay off...One is about $3,270. I called them and explained the situation and asked if they would lower the finance charges...They said no, that the request would have to come from him. Of course, I explained that he could not call and why...They suggested a POA but he cannot sign for one, not even make an X...This would not be legal nor would anyone witness this in front of a notary.

What can I do? I am trying to do the right thing by paying off these debts but this cc company is not willing to do anything...At the moment, I send in $100.00 and $60.00 goes for finance charges...I will never finish paying at this rate and I have to start paying the nursing home.

Please help me.

FlowersWhat is the name of your state?What is the name of your state?

 

[TigerD]

1. YOU are responsible for the nursing home, not for the credit cars unless you are on the account.

2. If the choice is between paying the nursing home or paying the credit card -- PAY THE NURSING HOME. Your husband's care is more important.

DC

PS Don't tell anyone I wrote this -- they'll take away my debt collector secret club access.

 

[Flowers]

Credit Card Interest, APR's

Thank you Debt Collector....No, the cards are only in his name...I have already payed off two small ones, but I cannot keep going with the $3,000 one because I will then fall behind on the nursing home.

Thank you for giving me this information. I was going out of my mind with worry.

Flowers

PS: This will be between you and me only..Your secret club access is safe with me.

 

[StephenH]

He may want to consider filing bankruptcy if he is permantely disabled.

 

[Debt Guy]

I agree with DC.

If your husband is unable to act on his behalf, you can petition the court to appoint you his conservator. That would not make you liable for his debts but would give you legal standing to act on his behalf. But, if this small credit card is the only problem, just ignore them. If they call, just say he is in the nursing home and unable to speak and then just hang up. The more you try to explain, the more it will upset you.

 

[Flowers]

Credit Card Interest, APR's

Hello Debt Guy and DC

What I am concerned with now is if they can freeze his checking account...I have a pension of my own but am using his account to pay the rent and other needs that he has at the nursing home like cleaners, washing his clothing and transportation to and from the home since I can't drive and have my own health problems....The nursing home will be paid from his pension and Social Security.

Will a creditor be able to seize his checking account? His pension and Soc. Security and small Army Compensation check are the only moneys going into it.

I e-mailed the credit card company about the problem...Is it best that I also write to them about the situation or just leave it as is?

Also about being a conservator, which court to go to? Will that also give me the right to his medical records and any say so about his care? I have asked for copies of certain tests and they say since I don't have a POA or Health Proxy they won't give them to me. (Perhaps this question belongs on another thread? I will go look)

Thank you so much for the help you have given me. You are God-sent.

Flowers

 

[Chien]

OP – You’ve gotten good advice from DC and Debt Guy. I would suggest that you focus on perfecting the conservatorship before further efforts with the credit card company. They haven’t been sympathetic, and I don’t expect that to change. However, it will take some time to get the appointment, and there is no reason to convince them that they should take action to protect their interests, while that is going on.

They can’t try to take assets without a judgment, and the assets that you describe as being in your husband’s account are exempt. However, should they take a judgment, it is very possible that they would go after that account, or any other that they could identify, because they won’t know the source of any funds or that they are exempt. Should a Summons be served, I think you’re better off talking to the attorneys to explain the situation. It’s to be hoped that, if that time comes, you will have perfected the appointment.

My purpose for adding to the advice of DC and DG is to suggest that you contact your local Bar Association and ask for a referral to an attorney specializing in elder law. With luck, you may even find that you can get a free or low-cost consultation. There is an elder law forum on this site, and I note that you’ve posted. A conservatorship will enable you to overcome the HIPAA problems that you’ve confronted.

Appointment as a conservator can involve a fair amount of paperwork. There also can be some expense. While I haven’t checked NY law, a bond is commonly required, even for a spouse, and regular court reports are another common element. You may decide that you would benefit from having an attorney’s services. That would be another expense, and investigating how best to minimize those costs should be a primary interest.

You’ll make application in your local court. In my state (which is not NY), it would be in the Probate department, and I expect that it would be the same for you. While the law and the forms would not be exactly the same, the requirements would be very similar and I’m including a link to a conservatorship self-help center for my state to give you a sense of what’s involved. It’s the best that I can do; I couldn’t find a comparable link for NY.
http://www.courtinfo.ca.gov/selfhelp/seniors/consforms.htm

 

[Flowers]

Credit Card APR's and fees

Thank you Chien...Will check further and check out the site you sent.. I am grateful for all the advice from you, DC and Debt Guy.

Flowers

 

[draygnmage]

Alternatively, once you get permission to act on his behalf, open a new checking account in just your name and ask the bank to set up an automatic transfer of funds from one account to the other. If his account is 99% empty 30 out of 31 days a month, they likely won't be able to get anything from it.

(Good grief, I sound like skidmarks now.)

 

[Flowers]

Credit Card APR's and fees

Thank you Draygnmage....Another good idea....Everyone has been so kind...

Flowers

 

[Flowers]

Credit Card Rates..Aftermath

Just wanted to let you know that my husband passed away on Monday, 8/13.

I appreciated your responses to my questions and bless you for helping me with your advice. I especially want to thank Debt Guy and Debt Collector.

Flowers

 

[dmf32835]

Im sorry to hear about your loss flowers

 

[TigerD]

I'm sorry to hear that. I know it's a tough time for you. And calls from the collectors are going to be even tougher now.

You will need to make copies, regular photocopies are fine, of the death certificate and mail one to each creditor that calls with a brief statement that there is no estate.

If you have any more questions feel free to PM me.

DC

 

[Debt Guy]

I am very sorry.

Follow DCs advice.

PM me if you need anything.

 

[Flowers]

Credit Card Interest, APR's

Thank you to all who replied.

Debt Guy and Debt Collector I am grateful for your offer of help. Hopefully I will not need to take up your time but if I do need to I am blessed to have found you both. I have already mailed off the copies of the death certificate to both creditors as you told me to do.

May your kindness be returned ten-fold.



Flowers