Legal Question in Credit and Debt Law in Florida

My soon to be mother in law lost her son in April. It took her until November to gain most of her sanity. It was a terrible experience for her only son that was left and taking care of her, and myself. She did the most wildest, unlike her, things. She went to a mental hospital twice and definalty was experienceing mania. She is still on medicine and after hearing stories of what she did does not want to come off them. She does not remember alot of it. She is 67 years old. My question is this: While she was in this stage she wracked up almost 20,000 in debt just buying like crazy. This is not her!. Should she be responsible for these debts? We even called one debtor QVC when we saw boxes coming in and asked them to stop and why. They said they would do nothing without a POA. She gave alot of it away to strangers("god told her to") and a few things to family. Now she is depressed about creditors calling her and wants to file bankruptcy since she is poor and only receiving social security. What can i do to help her? She cant afford a lawyer and I asked for legal aid to help her file bankruptcy. They agreed but i dont think she should be held responsible because she really was out of her mind. The scream she gave when they told her that her son had passed was one of the most horrible gut wrenching screams Ive ever heard and i think she lost her mind right then and there. What steps can I take to protect and help her?

Asked on 12/29/11, 5:42 pm

Sanford M. Martin Sanford M. Martin, P.A.

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Depending on her situation, bankruptcy may be appropriate if her objective is to

eliminate the debt. Her situation should be reviewed by a bankruptcy attorney, then,

based on her debts, expected income, exemptions, and other factors, her legal

options regarding bankruptcy can be considered. If her principal income is social

security and her property, such as homestead, are exempt from creditors, bankruptcy

may have limited benefits. Regardless, it is necessary to consider her entire

financial situation in order to assess benefits and disadvantages of bankruptcy. She

can protest calls or harassment from creditors which violate state laws.

Answered on 12/29/11, 7:24 pm

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