If we had to move our dad to an assisted living facility, can I use my POA to use and pay his credit cards without being responsible for his debt?
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If we had to move our dad to an assisted living facility, can I use my POA to use and pay his credit cards without being responsible for his debt?
I don’t want his creditors coming after me.
Asked on May 29, 2012 under Bankruptcy Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A power of attorney gives you the power to dispose of or direct the use of another's assets, but does not make you personally liable for those assets or that person's debts--at least not so long as you do not breach your fiduciary duty (that is, so long as you do not violate your legal obligation to exercise as much care and prudence with the other person's assets as you would with your own, and to also only use his assets for his benefit). It is customary for POAs to reinforce this, by stating that the attorney in fact is indemnified for any possible liability incurred in the discharge of his resonsibilities, but even without such language, so long as you use his assets appropriately for his benefit, you should not incur liability for exercising the power granted you.
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