Legal Question in Elder Law in Florida

Re: credit card debt of incapacitated person in Florida

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A power of attorney has no effect on a debt or debts of a party. It affords absolutely no protection against creditors. You are obviously confusing the POA with some other instrument.

On the other hand, if the trailer home is the homestead of the debtor, it is protected against the claims of any creditor except one who the debtor gives a mortgage and uses the trailer as collateral. Credit card companies can sue and obtain a judgment but they cannot touch the land or the trailer on it.

Scott R. Jay, Esq.