Legal Question in Credit and Debt Law in Florida

My mother has approx. $4,000 in medical debt.....she was told that insurance would cover it all, but it did not.She was never told this nor was she ever informed as to the amount of possible financial responsibility. she is 92 years old and only has income from social security and pensions.....she owns no real property and lives in an assisted living facility. We have several investment accounts which are joint accounts and included in a trust agreement. She cannot afford to pay this debt...are there any assets that can be taken from her?(specifically the joint investment accounts). She needs the money in the account should she have to be put into a nursing home. I am joint on the accounts and hold power of attorney,

Asked on 8/08/13, 6:44 pm

2 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

0 users found helpful

0 attorneys agreed

You should consult with an asset protection or debt resolution attorney about the specifics of your situation. There are many variables to what you describe to fully answer your question here. However, generally speaking, in Florida no one can garnish any bank accounts or wages without first having a judgment against the person they seek to garnish. Then they have to get a court order allowing them to garnish, then they have to notify the person being garnished and the person being garnished has the ability to object to the garnishment.

There are other concerns as well, but like I said there is not enough information here, and a forum is not the best way to get all of the questions you should have answered.

Answered on 8/09/13, 5:40 am

Mark as helpful