I am I responsible for another’s debts if I am legal power of attorney? The person is deceased and a skilled nursing facil. is trying to get us to pay

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

I am I responsible for another’s debts if I am legal power of attorney? The person is deceased and a skilled nursing facil. is trying to get us to pay

Asked on June 29, 2009 under Estate Planning, New Mexico

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Normally a power of attorney terminates upon the death of the person giving the power. So upon your friend's death, you are no longer empowered to act as his power of attorney. It now becomes an issue as to whether or not he had a will. If he did then the executor is in charge of the estate and responsible for dealing with the estate's death. If there was no will then someone has to be named the administrator of the state and deal with creditors. The debt is the debt of the estate not the executor's or administrator's personal debt. Unless you guaranteed the personal debts of the decedent you should be okay. If you are not the executor of the will or an administrator, I would not even deal with them because you have no legal right to do so.  

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Ordinarily, no, you can't be held liable for someone else's debts, just because you had his power of attorney.  However, if you had anything to do with the deceased person's dealings with the nursing facility, I think it would be worth having the unique facts of your case reviewed by an attorney.  He or she can give you reliable advice, and might also be able to get these people off your back.

Holding a power of attorney makes you an agent for another person.  When you use that power, you act for that person and not for yourself.  In most cases, as long as you respect that difference, so will the law.


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