Power of Attorney question?
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Power of Attorney question?
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ok my Aunt was put into a nursing home about a month ago for a stroke and I am now her POA. Does that make me legally responsible for her bills? she has like 5 loans and now the loan companies are telling me I am responsible for her debt. I can't afford it...I work a min. wage job....I can't even afford to ask a lawyer these questions because all of them want money...I tried to look on the legal aid page but couldn't find anything that is for my question. A nurse at the nursing home told me no i am not responsible and that the Fair debt collections act covers me and all I had to do was send them a certified letter and they couldn't bother me but I wanted other people advice too....so please help me...I don't want them showing up at my house with the police wanting money or stuff...or taking me to court
Additional Details
Thanks for your info the first 2 to comment on this...this helps a lot....and to answer the 2nd guy....she was able to get these loans before getting sick...all she got was a disability check...and now that she is in the nursing home they take her whole check....she may have like $30 left over every month starting maybe next month but right now she gets nothing because medicaid and medicare hasn't kicked in yet to help with the bill....then again she may get nothing even then.
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asmul8ed
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As a POA only (you are not yet an heir to the estate). You ARE NOT liable for her debts. The lenders are using scare tactics on you to try to collect money, but they have NO legal recourse against you for your aunt's debt. That being said... As her POA you do have an obligation to your aunt to keep her affairs in order by use of her financial assets and accounts. I have a hard time believing that she was able to get herself in this debt situation without any form of income or financial backing. Whatever she was using to pay them, you have the authority to do the same on her behalf. This is of course while she is still alive. The idea being that she could become capable again of handeling her own affairs, and be able to step back in as if nothing happened. However...under no certain terms should you be expected to comingle your financial affairs with her's. If she doesn't have the backing to support her debt, you are NOT required to use your own funds to pay them off.
Once she passes, her estate will be used to pay off her debts. If her debt outweighs her estate assets, then her heirs might become (though not likely) somewhat responsible. But that all depends on your state laws and how the courts (when law gets involved) decide it should be handled. Most likely you will never be personally responsible for your aunt's obligations. |
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I know
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We recently discussed this in one of my law classes. The executor, administrator, or the heirs are not responsible for debt that cannot be paid off. Many times, people are either not aware of this and make arrangements with creditors; or think "Mom wouldn't want this to be unpaid... I'd better pay it." I don't think that there is a creditor alive who would refuse payment, even if it wasn't obligatory. |
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Jennifer
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Hi,
I used "Credit Solution" to settle my debt and avoid bankruptcy.They managed to reduce my debt up to 58%.It's legitimate . I came across this company on NBC News Special Edition.Check it out here:
http://CreditSolution.ez-mart.biz |
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Josephine
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Hi, My question is in regards to a POA that was obtained back in 1981. I'm in California and an wondering if archived copies are kept somewhere. Unfortunately my grandmother obtained one and didn't keep a copy. She nor the notary that she got if from are alive. I need to produce a copy to an attorney overseas who is doing some work for my family. Your response is very welcomed.
Thanks
Josephine Billante |
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