Legal Question in Wills and Trusts in Pennsylvania
Power of Attorney, Can creditors sue me for my mothers debt
My mother has a a long list of health problem over the last 20 years and recently has had a stroke which has left her unable to conduct her own business affairs. She did not set up a Power of Attorney before her stroke and now to get her help I may need to get power of Attorney. Is this an expensive process and secondly can I be held responsible for her debts as the person with power of attorney for her?
2 Answers from Attorneys
Re: Power of Attorney, Can creditors sue me for my mothers debt
In order to sign a valid Power of Attorney, your mother must be mentally competent. If she is no longer competent, then you might consider filing a guardianship proceeding. Guardianships can be expensive and should only be used as a last resort.
If your mother is able to sign a Power of Attorney document that names you as her agent, you will not be held personally liable for her debts, unless you co-signed on the debt. However, you can be held personally liable to her creditors or to your siblings or other heirs of her estate, etc. if you mishandle her money or if you fail to properly account for how her money was spent.
If you wish to discuss this matter further, please feel free to contact me for a confidential consultation.
Re: Power of Attorney, Can creditors sue me for my mothers debt
A Power of attorney will make you your mother's agent. There are two costs one is the legal fee. The other is registering the Power of Attorney with the Register of Wills. Neither of these costs should be high.
As your mother's agent you could be served with papers for law suits, however, you are NOT personally liable. You may depending on how the POA is drafted you may have to retain counsel at your mother's expense to defend suits, if this is a power given to you.
Feel free to contact me if you have further questions. I don't charge for the initial consultation.
{John}