Legal Question in Credit and Debt Law in Virginia

Debt Liability for Accounts Opened By POA

I hold General Power of Attorney for my mother-in-law, who is elderly and in a nursing home. We are both Virginia residents. I am planning to open a credit card account in her name, as the POA grants me authority to do. If her estate has insufficient funds to repay that debt after her death, will the credit card company have any right at all to collect that debt from me?


Asked on 7/22/04, 11:17 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Debt Liability for Accounts Opened By POA

The General Power of Attorney confers upon you wide-ranging authority to act in your mother's behalf with respect to her financial and other affairs; it does not make you legally responsible in any manner for her debts or for those of her estate.

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Answered on 7/22/04, 11:26 am
Daniel Press Chung & Press, P.C.

Re: Debt Liability for Accounts Opened By POA

You would not be personally liable UNLESS you act fraudulently by either (a) not disclosing that the application was made by POA; (b) misrepresenting assets or income; or (c) incurring debt that you knew or had reason to believe she lacks, or will lack, the ability to pay.

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Answered on 7/22/04, 11:36 am


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