A Technical Question

script

A husband and wife are both going to petition for B/R.

The wife is suffering from a serious illness – and would not medically be able to attend or do a telephone interview with the OR.

The husband has power of attorney for his wife.

Will he be allowed to do the OR’s interview on behalf of his wife? (bearing in mind that he too will have his own interview with the OR).

debtinfo

Yes is the short answer.

The long answer depends on the illness ie would the wife have have recovered later in the bankruptcy or the OR could do a home visit or the OR could prepare a written set of questions which the wife could respond to in writing.

debtinfo

The most common reason for the OR not to interview the bankrupt at all is mental illness where the either the interview would cause undue stress to the bankrupt, the bankrupt is not in a realisitic frame of mind or if memory problems would make questioning pointless

script

Thanks debt - in this case the wife illness is a mental illness - Alzheimer's.

debtinfo

Then i would think you would have a very good case for doing the interview for her

script

Debt thanks again.

Radiantsoul

I am sure the OR will be fine with it.

script

Thanks radian - I'm sure the OR will be sympathetic.

debt_doctor

Hi,

if the person who aquires a power of attorney or the donor to attorney becomes bankrupt, then the attorney powers usually come to an end.

You should seek some further advice.

How long does a power last

16

A power of attorney can be expressly limited to a specified period (that is, it can be drawn up saying that it expires on a certain date). This may create problems, however, if certain transactions have not been completed by that date.

17

Alternatively, a power of attorney can be drawn up to expire when certain specific duties have been completed.

18

If neither of these time limits is written into the power, then it will remain valid until one of the following occurs:-

• it is expressly revoked by the donor, the attorney or a court order; or
• the death of either the donor or attorney; or
• usually, the bankruptcy of either the donor or attorney; or
• it is revoked by implication (usually, this means the mental incapacity of the donor).

DD

debtinfo

Yep, this is because the bankrupts estate is handed over to the OR so the POA ceases as their are no assets to control, however as i stated above in these circumstances the OR will usually allow someone to speak on be half of the bankrupt if the bankrupt is unable

script

Thanks DD and Debt,

The POA is really to help with her day to day affairs - when she is medically unable to - rather than control any assets.

But I do see the point re her B/R.

I'm hoping the OR will understand the situation.