Does Durable Power of Attorney makethe agentliable for any debts?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does Durable Power of Attorney makethe agentliable for any debts?

My mother has granted me Durable POA to act on her behalf in the event she becomes incapacitated. Will this make me liable for her debts?

Asked on February 2, 2011 under Bankruptcy Law, Florida

Answers:

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

Answered 13 years ago | Contributor

No, it does not make you liable for her debts unless you incur them in her name but for your benefit, thereby breaching your fiduciary duty under the law.  Then someone would have to call you on the matter, like siblings.  You Mother has made you her POA to protect her in case something happens and to allow you to act on her behalf to protect her assets - such as he home - should she become incapacitated.  But she should really speak with an estate planner to be sure that everything is what it needs to be "just in case."  There are other dicuments  - like a living will - that she may want to consider.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption