Legal Question in Credit and Debt Law in Michigan

Debt responsiblity of Power of Attorney

As power of attorney for my mother who lives in a nursing home (and did so at the time of her debt), can I be held personally responsible for any outstanding pharmacy bills that incurred before she qualified for state medicaid?


Asked on 7/16/03, 11:58 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Debt responsiblity of Power of Attorney

When you sign under power of attorney, you are not responsible for the expense unless you exceed your power. If you sign for something in your own capacity, you are responsible for the bill, but can seek re-imbursement if it is covered by the power of attorney. You just have to go through a two-step process.

That makes sense because a shopkeeper doesn't rely upon the power of attorney in making the sale, she relies upon the validity of your credit card. You arely upon the power of attorney in making the sale, and thus are entitled to get your money back from the person benefitting from your actions.

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Answered on 7/17/03, 9:03 am


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