If one of your relatives is struggling with dementia or other mentally incapacitating diseases, it’s certainly possible for them to file for bankruptcy, and in some cases necessary if their finances have been negatively affected by their illness. The first thing to consider would be to have someone be appointed guardian or conservator of your relative, so that the appointed individual could work with the advising bankruptcy attorney to draft the necessary petition for bankruptcy. In cases where a guardian or conservator signs in place of the debtor, additional paperwork verifying the appointed individual as guardian or conservator are necessary for bankruptcy proceedings. As well as appointing an individual as guardian and conservator, one additional step you may want to consider would be to request a waiver for the credit counseling course for whichever relative is filing for bankruptcy.
In order to better understand the unique circumstances surrounding filing for an incapacitated relative, it would be to your advantage to set up a consultation with a local bankruptcy attorney.
