IfI have power of attorney for a claimant who is in the hospital, am l liable in any way for the claimant’s debt?

Get Legal Help Today

 Secured with SHA-256 Encryption

IfI have power of attorney for a claimant who is in the hospital, am l liable in any way for the claimant’s debt?

Asked on March 11, 2011 under Estate Planning, Nevada

Answers:

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

Answered 10 years ago | Contributor

No, you are not personally liable for the debt of the party for whom you are the Power of attorney as long as you did nothing to beach the fiduciary duty imposed upon you and incur the debt.  In other words, if there were a situation in which you incurred the debt of the party for whom you had the power of attorney by say opening a credit card in their name and charging it to the limit, then you would be liable because you committed a fraud and incurred the debt in their name.  But here, no.  The power of attorney is not the same as a health proxy and it is no longer valid when a person passes away.  Good luck to you all.


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 with SHA-256 Encryption