IfI have power of attorney for a claimant who is in the hospital, am l liable in any way for the claimant’s debt?
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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 13 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 The power of attorney is not the same as a health proxy and it is no longer valid when a person passes away.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.
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