Johnson City, NY asked in Estate Planning, Family Law and International Law for New York

Q: What are the Legal Disadvantages of a CareTaker in a Will

If some one from my Friends or Extended Family is asking me, that they would like to write my name in there will as a Care Taker. If I say OK. What will be legal disadvantages in worst conditions for a Care Taker. If They are in Debts or can't pay the Hospital Bills in Future. Do I have to pay that ?

What kind of information do they need from me to enter my name in the List ? Do I have to Sign on any Paper to just entering my Name in List ?

2 Lawyer Answers
Benjamin Z. Katz
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  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: I am not sure what you have been asked to do. A Will is a document that states a person's wishes following their death. You would not be a caretaker of someone who has passed away. It is possible that you are being asked to be an agent under a Health Care Proxy, which is sometimes combined with a "Living" Will. A Living Will is a document that expresses a person's wishes should they be faced with an end of life decision and be unable to communicate. As an agent named in their Health Care Proxy, you would be responsible to honor the wishes expressed in the Living Will and to make health care decisions should they be unable to do so. You would not be financially responsible for their bills or debts. A Power of Attorney is a document which names an agent to take control of financial matters. Even then, an agent is not personally responsible for another person's debts. If you have any doubts about what you are signing, you should have it reviewed by an attorney before doing so.

David Luther Woodward agrees with this answer

David Luther Woodward
David Luther Woodward
  • International Law Lawyer
  • Pensacola, FL

A: You haven't said where these relatives are. Go see a lawyer and take the proposed document with you.

Good Luck


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