Can a Power of Attorney sign a credit card application for their incarcerated spouse?

My husband appointed me as his POA. He is incarcerated for another 2 years. We have been talking about my establishing his credit, via a credit card or vehicle purchase. I have the paperwork but am unsure where to go from here. Can I just fill out applications in his name (for credit cards)?

Asked on September 8, 2011 under Estate Planning, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would hesitate to do what you intend to do for many reasons, although it may not be impermissible under the law.  But first I will answer your question: it depend on what the Power of Attorney document states.  Some Power of Attorney documents are for limited purposes and some are "for all lawful purposes."  When, if at any time, does it expire? If it is a general Power of Attorney and not limited you could conceivably open up an account in his name.  But I worry that if for some reason things go sour with your husband he decides that he did not want this, states that he told you your powers were revoked and that you did thins against his wishes thereby making you personally liable for what ever transpires.  THink twice.  Good luck.


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