Q: Can a senior citizen with dementia have any sort of assistance in her meeting with the trustee? Memory loss is an issue
Daughter has power of attorney. She needs to recall two addresses and her mental capacity is making it incredibly difficult for her to remember them and state them in the hearing
A: If the daughter has a POA, did she sign the petition on behalf of mom? If so, the daughter may be allowed to testify
A: If the AZ Bankruptcy Court accepts this power of attorney as legally valid and no one challenges it, the you should be OK to testify. This is not legal advice, merely a suggestion for you to speak with to an AZ Bankruptcy attorney.
A: If the daughter is POA, she may be able to testify or assist the mother.
A: If the daughter has power of attorney then she may be able to I would definitely speak with a Bankruptcy lawyer
A: I agree that many trustees will allow a party with a valid financial power of attorney to appear with and answer questions on behalf of the Debtor. You'll want to check with the Trustee first though, as they don't like to be surprised at the 341 Meeting. My practice is to provide the Trustee a copy of the POA weeks ahead of time to make sure they're on board. The Trustee may also ask some pointed questions about whether the Petitioner was able to understand what she was doing when the petition was prepared and signed.
In the event that the trustee isn't willing to play ball, the Bankruptcy Code provides for the following at Rule 1004.1:
"If an infant or incompetent person has a representative, including a general guardian, committee, conservator, or similar fiduciary, the representative may file a voluntary petition on behalf of the infant or incompetent person. An infant or incompetent person who does not have a duly appointed representative may file a voluntary petition by next friend or guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person who is a debtor and is not otherwise represented or shall make any other order to protect the infant or incompetent debtor."
Either way, you should consult an experienced bankruptcy attorney in the state in which the petition was filed to get an understanding of the local norms and expectations.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.