Gilbert, AZ asked in Bankruptcy for New York

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

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5 Lawyer Answers
Stuart Nachbar
Stuart Nachbar
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ
  • Licensed in New York

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

Bruce Alexander Minnick agrees with this answer

Leonard R. Boyer
Leonard R. Boyer
Answered
  • Bankruptcy Lawyer
  • Brooklyn, NY

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.

Bruce Alexander Minnick agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: If the daughter is POA, she may be able to testify or assist the mother.

Bruce Alexander Minnick agrees with this answer

Karra Kingston
Karra Kingston
Answered
  • Bankruptcy Lawyer
  • Staten Island

A: If the daughter has power of attorney then she may be able to I would definitely speak with a Bankruptcy lawyer

Bruce Alexander Minnick agrees with this answer

Clark Dray
Clark Dray
Answered
  • Bankruptcy Lawyer
  • Broomfield, CO

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.

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