Does Durable Power of Attorney makethe agentliable for any debts?

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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 10 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.


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