bankruptcy letters creditors
How would I word a cease and desist letter for my mother’s creditors?
My mother is recently disabled from a stroke and I have power of attorney . I was considering filing bankruptcy on her behalf. In my state credit counseling is required and the couselor recommended writing “Cease and desist” letters to her creditors since she has no assets that can be taken. I am not sure how I would word one. I am also unsure if I should have her sign them or if I should sign them as POA.
I would suggest that you send creditors a registered letter that explains (something like the following):
This letter is being sent on behalf of
On
We ask that you suspend collection efforts on
——-
Before sending, however, it is important to be sure that it is factually accurate and that there are no hidden assets or income that could be considered fraudulently hidden from creditors
——–
If you have a durable, general purpose POA then you should sign in that capacity … however … a limited purpose one (like one for medical care) would not be effective in a situation like this.
——-
ultimately, you may have to go though the formalities of either a bankruptcy or a conservatorship to prove legally that there is no longer a capacity to act … but hope not … is just unncessary paperwork and expense
——-
best of luck with your situation …
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