Legal Question in Credit and Debt Law in Florida

Consumer credit & Mental Retardation

To what extent can I protect a relative from getting into financial trouble if that relative is mentally retarded. I would like to know if one came make a note on the credit bureau report of the individual's mental state to keep creditors from soliciting that person. I am also looking to protect this person from any financial faux paus after I am deceased and am no longer able to care for this person.


Asked on 2/16/06, 1:12 am

1 Answer from Attorneys

Samira Ghazal Ghazal & Gomez, P. A.

Re: Consumer credit & Mental Retardation

Sending a notice to the credit bureaus is not the solution. In order to protect him, you will need to have him declared legally incompentent. This will remove any and all of his legal rights -- to vote and even to marry. That may not be an easy decision to make. I would suggest that you contact a probate attorney to guide you on how you can protect the assets you are going to leave behind -- I am thinking a trust may be a good solution. This is not my area so I can't give you a legal opinion.

Samira Ghazal, ESQ.

For the Firm

Ghazal & Gomez, P. A.

www.FLORIDACREDITLAWYER.com

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Answered on 2/16/06, 6:01 pm


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