Elderly Law, Power of Attorney and Bankruptcy

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South Florida bankruptcy attorneys usually see a good amount of older residents who may need debt relief. After all, since people are living longer and many South Florida residents have permanently settled in our state for its balmy weather, it is expected that many of these folks have unpaid debts which need to be addressed.

Often, the elderly are accompanied by a family member or caregiver and the consultation is given in the ordinary course with privacy and confidentiality disclosures being verbally provided to the prospective debtor. However, many times, the elderly have a family member or a caregiver come alone to our office on their behalf in order to discuss the legal options that the person has as to some financial responsibility. Your Hialeah bankruptcy attorney must exercise due caution in these circumstances in order to protect the debtor for a potential future bankruptcy filing.

It is not uncommon that the person being interviewed by the attorney has been entrusted with all financial decisions and day-to-day decisions by the family or has just taken over these decisions because of the inability of their family member to address them because of their health or mental condition. At this stage in the consultation, it is not difficult to listen and provide recommendations, as long as the person providing the information is well informed. However, most attorneys require the presence of the debtor at a future consultation in order to make sure that all questions have been asked and any new questions can be answered. At the end of the day, it is the responsibility of the bankruptcy attorney and an ethical requirement as a member of the Florida bar to represent his client and look out for his best interest.

Sometimes, the potential debtor has some debilitating condition such that the caretaker or family member comes armed with a power of attorney in order to provide the document to the attorney to authorize the filing of the bankruptcy petition. It is in this particular situation that the family member and the bankruptcy attorney must review the document to see if the power of attorney may pass the eligibility requirements of bankruptcy law.

An experienced Hialeah bankruptcy attorney can discuss your relative’s situation confidentially. In order to determine if an elderly person can file bankruptcy, the attorney must be able to determine if that person is competent to go to a bankruptcy hearing or if an already a prepared power of attorney is sufficient to pass judicial bankruptcy muster. I will review your relative’s medical and mental status with you as well as their debts and review the documents you do have. There is nothing better than planning for the future so that difficult situations can be prevented or risks can be lessened. At the Law Office of Alberto H. Hernandez, P.A., the consultation is always free of charge and the peace of mind is priceless. Please call us at (305)820-0334 for more information.

2018-09-27T18:39:00+00:00 September 27th, 2018|Categories: Bankruptcy|Comments Off on Elderly Law, Power of Attorney and Bankruptcy