power of attorney and bankruptcy

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power of attorney and bankruptcy

I have a power of attorney over my mother, her creditors are now telling me that I am responsible for all of her bills can I file bankruptcy with my mothers bills included?

Asked on May 13, 2009 under Bankruptcy Law, Colorado

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A Power of Attorney makes you the agent of your mother, to manage her finances when she is unable to do so herself. So you are only liable to your mother, to act in her best interests. You are not liable to a third party.

The only way you could be liable for her bills is if you signed agreements with the creditors to assume responsibility for your mother's debts.

If you have never signed anything to assume your mother's debts, and you only have a standard Power of Attorney, then you are not responsible to the creditors. In fact, if they're not your debts, you couldn't claim them in your own bankruptcy.


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