Legal Question in Elder Law in Colorado

Legal and Financial Liability of a Power of Attorney

I have a Durable Power of Attorney executed in Colorado for my elderly mother. Recently, she was relocated to a nursing home and was approved for MEDICAID. Prior to her moving, she fell behind in paying her bills to include those at her former assisted living facility. I notified the administration there that she was running out of money last October, and that I was not responsible for her debts. Despite this written notification, her bills continued to be mailed to me in CA. I recently went to the AL facility to move her and was given a demand for full payment. When I refused to pay my mother's debt, (No $$ left) the financial officer ''threatened'' to send HER bill with MY name and address on it to a collection agency! I advised both her and the AL adminitstration that this was illegal as I was just my mother's ''agent'' and was not part of any contract she had with them or with any of her other creditors. I've stated this in writing since 2002, but they don't seem to understand that as her POA I am not financially or legally responsible for my mother's debts. What recourse do I have if I am contacted by a collection agency or her other creditors? Or f I discover that my credit is impacted? What CO laws protect a POAs?


Asked on 3/13/09, 5:32 pm

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

Re: Legal and Financial Liability of a Power of Attorney

I'm not sure about Colorado law, but generally you are correct in that your assets do not enter the equation unless you personally agreed to be liable as well. You can ask them to give you a copy of whatever signed documents they have that make them think you're personally liable.

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Answered on 3/13/09, 5:34 pm


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