Legal Question in Wills and Trusts in California

Re: Power of Attorney

No, a standard POA conveys no liability except for carrying out the terms of the POA.

Re: Power of Attorney

No.

Re: Power of Attorney

The power of attorney is permission not obligation. Your brother CAN use your father's money and if he does so, he can only use your father's money for your father's benefit. Your brother does not have a duty to care for your father. However, if your father needs care and your brother fails to exercise the power of attorney and care for your father, then you may want to get conservatorship over your father to insure your father's care. Your father's debtors can sue your father if they are not paid. Your brother needs to decide what is best for your father. Is it best to pay his bills or put the bills off until after your father dies.

Re: Power of Attorney

No. Your brother is only responsible to act in the best insterests of your father and his property. If that means using your father's funds to pay a lawful debt, then your brother can and should do so, assuming the power of attorney document so states. Under no reasonable circumstances is your brother liable to use his own money to pay your father's bills just because your father signed a power of attorney.

Re: Power of Attorney

A person is not personally responsible for another's debts unless they specifically sign to be so. Acting under Power of Attorney, let alone being named (which still leaves him the option to decline when the time comes) does not constitute that. However, when one is in fact acting one should check papers to make sure somebody isn't trying to sneak in such an agreement.

Once he undertakes to act, he is responsible for using your father's assets on his behalf and for payment of creditors -- note "using your father's assets". If matters get that far, it's best to touch base with an attorney on procedures.