Legal Question in Wills and Trusts in California
Is the person that holds the title of "power of attorney" liable for all debts not paid by the person they are representing?
Asked on 12/01/10, 10:27 am
3 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
You are not liable for the person's debts.
Answered on 12/06/10, 2:13 pm
The title of the holder of a power of attorney is "attorney in fact," to differentiate from an attorney at law. The attorney in fact is not liable for the principal's debts. There are some technical circumstances in which an attorney in fact can become personally liable for transactions they perform under the power of attorney, however, so it is a good idea to take care and possibly consult with your own counsel before structuring any major transactions under the power of attorney.
Answered on 12/06/10, 4:04 pm
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