Legal Question in Wills and Trusts in Florida

durable power of attorney

if someone has durable power of

attorney does that mean that

person has control over the other

person and all their assests and if

the other person is in rehab doesn'

the person with the power of

attorney have the responisability to

pay all the otherones bills untoill

they return home to do so for them

selves?


Asked on 4/14/09, 4:40 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: durable power of attorney

It depends on the scope of the POA. They typically have the right to pay bills and the like, but having the power to do so does not require them to do anything unless there is some agreement describing the persons responsibilities. Even if they are supposed to be paying the bills, obviously, that would not be done out of the persons individual assets.

Being in rehab does not always mean that the person can't manage their own affairs. They should ask for bills to be paid or make arrangements to get them paid.

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Answered on 4/14/09, 9:10 am


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