Legal Question in Credit and Debt Law in Georgia
Can my debts from before our marriage be levied from my wife's bank account if I have the power of attorney for that account? To be clear, the bank account is not in my name but my new wife has given me the Power of Attorney so that I can call in an ask questions, sign checks, etc.,
2 Answers from Attorneys
Banks do not generally allow powers of attorney as to accounts, so get us the actual facts and we can then answer you.
I would have to disagree with Attorney Ashman here. If this is a proper financial power of attorney that allows you to handle financial transactions on behalf of your wife, then I do not see any reason why the bank would refuse to honor the power of attorney.
As to your question, the answer is no. Your new wife's assets cannot be touched for your debts. You having power of attorney has nothing to do with it. Just do not put your name actually on the checking account thus making it a joint account.
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