Alzheimer's and bankruptcy
If someone has a recent diagnosis of Alzheimer's, could he file bankrutpcy, or would he be presumed to be incompetent to file?
Attorney Answer
1
Craig Robins ·
If the person is competent enough to be able to prepare their petition and testify about their financial affairs, then they can file directly.
In most jurisdictions, a person who holds a valid power of attorney can file a bankruptcy proceeding on behalf of an incompetent person. If there is no power of attorney, a court-appointed guardian or conservator can file.
Doing so would require the assistance of a highly experienced bankruptcy attorney, as these proceedings are rare and they would have to comply with current caselaw and statutory law requirements.
For more information about bankruptcy, please click on my web site:
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