Legal Question in Civil Litigation in California

My brother was confined to a nursing home for several years. My neice was the Power of Attorney and I was the alternate POA. My neice stopped paying the bill for my brother at the nursing home. In June, my brother was admited to the hospital by the nursing home. When it was time for my brother to be released from the hospital, the nursing home would not take him back due to the unpaid bill.We were unable to contact my neice (neither me, the nursing home or the hospital was able to contact her). We had a meeting with the hospital, nursing home and the Department of Health. The nursing home was forced to take my brother back.After this meeting was over, I was served with a law suite for the money my brother owed.

We revoked my neice's POA and I was made the POA. In my research, I found that Internal Revenue had leveid my brothers income from this retirement system and the money was going to IRS. The retirement system informed me that IRS did not file a release when they received the total that my brother owed, but continued to collect. They finally contacted IRS and a release was issued. I have employed an account to deal with IRS. I immediately contacted IRS and am doing what is nececcary to get the money returned.

My question to you is, am I liable for the unpaid balance, as they are suing me and my neice?

My brother has recently passed away. .


Asked on 7/27/11, 2:03 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Having power of attorney does not subject you to liability for your brother's debts. Demand that the nursing home drop you from the suit or you will cross complain for abuse of process, malicious prosecution. Also, it was the niece who caused the problem, you did not do anything during that period of time. They should be suing your brother's estate [making a claim against it].

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Answered on 7/27/11, 5:35 pm


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