Power of Attorney
My mother just passed away and I need to get poa for my dad. He has dementia and has had for awhile. My mom had a credit card with quite a balance, The company wants me to send poa letter and letter about my dad's condition. It sounded like they would cancel it out but I was wondering if my having poa would let them come after me. It was in both of their names only.
1 Answer from Attorneys
Re: Power of Attorney
Unless your mom had money and property that needs to be disposed of by probate, you probably don't want to take any action on her behalf. If you had a POA for her, it expired on her death. If the credit card company wants any money, they have to make a claim against the estate. They can do that by opening an estate if they feel they need to. Usually, unless there is a lot of money in the estate, they won't bother with it.
If your father has dementia, he likely cannot give you a POA. Only a person who is competent can appoint an agent. To get authority to act for him you'll need to be appointed as guardian and conservator, again, through the probate courts.
Good luck.
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