Question: Can i apply for bankruptcy for my son while he is incarcerated?
Answer: The only way that you can file bankruptcy on behalf of another person is if you are that person’s power of attorney, or if you have a court order.
The most common reason for declaring bankruptcy in Ontario is to prevent a wage garnishment. If your son is in jail he will not have any wages that can be garnisheed, so it may not be necessary for him to declare bankruptcy while in jail.
Also, a bankrupt person must attend two credit counselling sessions, and must be available for creditors’ meetings or if necessary a discharge hearing in court, which is of course impossible if the person is incarcerated, so it may be best to simply wait until he is released. A trustee or lawyer can provide you with more information.