Legal Question in Elder Law in Missouri

Re: Power of Attorney

A power of attorney gives you the right to act for someone else. If you act outside the scope of your authority, you can be held personally liable. Lets look at two examples.

You hold the POA for your mother, who is ill, and who needs nursinghome care. You sign for her to enter the nursing home, which everyone recognizes is necessary. Once her assets are exhausted, you do not incur personal liabiity.

Suppose now, that after putting mom in Happy Acres, you go out and buy a brand new Maseratti in her name, when you mother doesn't drive, and can't drive. You spend $90,000 doing this. If your actions are ever challenged you may have personal liability because you breached your duty to your mother by getting something that provided her no benefit.

Hope this helps explain things.