If I;m my father’s POA, am I legally responsible to pay his pre-existing bills?

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If I;m my father’s POA, am I legally responsible to pay his pre-existing bills?

My father is on Medicaid and is in a nursing home. He has to pay all his income but $50 for his care.

Asked on April 10, 2012 under Bankruptcy Law, West Virginia

Answers:

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

Answered 9 years ago | Contributor

Having a POA is a fiduciary duty or responsibility to act on his behalf.  That does not make you persoanlly responsibe for his debt.  But you need to manage his debt responsibly.  Acting in bad faith could cause personal liability.  But you are not causing the situation or refusing to pay bills.  Ther eis simply not enough to pay.  So you may want to look in to filing for bankruptcy for your Dad.  Good luck.


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