Legal Question in Elder Law in California

what is required of a person with Power of Attorney

A relative of mine has power of attorney for my grandmother. After not seeing her for several years we found her living in terrible conditions. We also found that this person had taken out a credit card in my grandmother's name and other finacial concerns. We believe her health was also in jepordey. We brought her to our state and felt we should try to get her to turn power of attorney over to us. The problem is we want to know if we then become responsable for her personal debts. Would we have to pay her bills with our own money if she did not have enough to pay them? We are concerned that she may be unwilling to sign one also. But she was practically starved when we found her. She refuses to cooperate in saying what things went on but did willing leave to come with us. She put on 3 pounds since being with us. I am not sure if I could even file an elder abuse complaint with out her cooperation.


Asked on 5/22/02, 4:22 am

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: what is required of a person with Power of Attorney

The person with the power of attorney (agent) is not personally responsible for the principal's debts unless the agent acted irresponsibly or recklessly.

The remedies for the damage which has already happened would be in the state where your grandmother lived when all this happened. These would probably include return of money used for the agent's personal needs or losses incurred by the agent, and possibly elder abuse if the state has such a statute (California does).

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Answered on 5/22/02, 11:33 am


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