Student Loans Forgiveness for Disability

[Yoruai]

Jurisdiction

Washington

(Added from other thread by moderator)

My wife is unable to do anything for herself after a horrible stroke. We're in our mid 30s and never had a power of attorney drawn up. We have a five year old, 401k's, no real estate but our only debt is student loans (until the medical bills get here).
We are very close and trusting of each other so I know all her accounts and passwords. I've been able to continue paying her bills and take care of most things without a court document. It took a while to get the various hospitals to allow me her medical records but eventually they did.
She's been declared disabled by Social Security which I believe would allow her student debt to be forgiven unless she recovers in a certain period. Sallie Mae tells me only she can apply for forgiveness, which unfortunately isn't possible. They do of course expect me to keep paying it. They know of no other way aside from a power of attorney which again, isn't possible now.
I believe a guardianship would allow me to file for her but at what cost? It appears to be around $3,000 when all is said and done which is about all she owes left on the student loan.
Am I overestimating the cost of guardianship proceedings or are there other advantages to having one that I'm unaware of? I'm also concerned about giving up some of my rights for taking care of her it's the state is then able to question or ask for me to qualify my decisions if I'm made guardian.

My wife has been declared disabled by the Social Security Administration. She is sadly not conscious and unable to sign anything let alone work at the job she studied so hard to do.
I believe this qualifies her for forgiveness from her loan but Sallie Mae tells me I can't file for for her unless I have a power of attorney. We are only in our 30's and never had a power of attorney drawn up. They advised I just stop paying it. That doesn't seem a valid solution. I'd fully expect them to come after me for the debt since we are married and we're when she incurred it.
I'm researching becoming her legal guardian but the process is long, complex and around $3,000. Which is about all she owes left on the student loan.
Is there some other way I can petition for forgiveness? The extra $200 a month would be very helpful for our son and myself now with only one income. Especially when the medical bills start coming.
Thank you for and advise.

 

[Zigner]

You should apply for guardianship over your wife. Washington State Courts - Guardian Portal

 

[adjusterjack]

I'm researching becoming her legal guardian but the process is long, complex and around $3,000.

$3000 if you hire an attorney. A lot less if you can do it yourself. Here's another part of the WA Courts website that has the forms and more information.

Washington State Courts - Court Forms - Requesting a Guardianship or Limited Guardianship

Where statutes are cited you can look them up at:

Revised Code of Washington (RCW)

Please keep all your discussion on this topic to this thread to avoid parallel discussions. I've deleted your other post and added the remarks to your post here. Thanks for your cooperation.

 

[Zigner]

Thank you, adjusterjack, for including the additional information from the OP's other thread.

Yoruai - you really should give serious consideration to obtaining guardianship (it's not called "conservatorship" in WA) over your wife. This matter is the only roadblock you've run in to so far, but others are likely to crop up as time progresses.

 

[Yoruai]

Thank you for your reply's.
What other things am I likely to need the guardianship for? This is exactly why I'm asking.
Also, what are the downsides (aside from cost and time)?
I may be incorrectly inferring this but it seems the state will then have some say in the decisions that I make regarding her care. I don't want to have to appear in court to validate bringing her home vs staying in a facility or, God forbid another decision I try not to think about.

 

[adjusterjack]

I don't want to have to appear in court to validate bringing her home vs staying in a facility or, God forbid another decision I try not to think about.

You might not be allowed to even make those decisions without guardianship.

There may also be financial issues in the future.

You've already been told you can't deal with the loan without guardianship. What happens the next time a government agency or a business says, "Sorry, we can't help you without guardianship."

Might as well resign yourself to doing it. Study the forms and instructions on the court website.