Legal Question in Wills and Trusts in Arizona
Our aunt suffered a stroke. Her brother wanted to sign power of attourney so he could cash her social security checks and pay her bills. Someone told him that if he signed the power of attourney form that he would be then liable and responsible for all her medical and other bills. Is this true in Arizona? Please advise.
1 Answer from Attorneys
No person can "sign power of attorney" for another person, and he has no legal authority to collect her income or pay her bills with her money. If he really wants to take care of his sister, both personally and financially, and she is truly incapacitated, then, he should petition the court for appointment as her guardian and conservator. Then, he would have legal authority by virture of the court's appointment to act on her behalf, and he would not be liable for her bills.
A power of attorney is an agency agreement, it is a person appointing another to act as his/her agent under certain circumstances and with certain authority. If the aunt is incapacitated legally, then she cannot make a power of attorney.
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