Q: If I am my father's durable power of attorney does that make me liable for his debts (medical or otherwise)?
I know my father is in a lot of debt and am worried that by being his durable power of attorney I'll get saddled with them.
A: No. Unless you incurred them using the power and the debts were not in his interest but yours, e.g., you used his credit card to pay for your vacation.
Mitchell A. Nathanson , Kenneth V Zichi and Barry E. Janay agree with this answer
A:
No, you are not liable for any of his debts but sounds to me like your father is in need of Elder Law planning. Does he have capacity to make decisions? Is he in the right mind?
Read this about Elder Law planning:
http://brooklyntrustandwill.com/elder-law/
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, Suite 400
Brooklyn, NY 11235
tel: 718-333-2394
fax: 718-701-8859
www.BrooklynTrustandWill.com
5 users found this answer helpful
A: Nope, a power of attorney does not make you a guarantor. A durable power of attorney simply means that the document stays in effect if you become incapacitated and unable to handle matters on your own. (Ordinary, or "nondurable," powers of attorney automatically end if the person who makes them loses mental capacity.)
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