Legal Question in Elder Law in New Jersey

Power of Attorney

My husband had an attorney draw up a POA on behalf of his mother so that he could access her checking acct, pay her room and board etc. The attorney said he was only responsible to pay her debts from her resources. However, she has a number of outstanding medical bills for which a creditor is seeking payment from my husband since he is the power of attorney. After her room & board is paid at the nursing home she has insufficient funds to exist. We pay for all expenses and upkeep for her and considering the amount of outstanding medical bills from hospital stays we are unable to pay these accounts. The credit said the will have a sherrif notice delivered to my husband for court in his name. Is the attorney that prepared the POA and advised us incorrect? If this is the case can the POA be terminated at any time. He is unable to pay the astronomical bills. Please advise.


Asked on 9/28/05, 2:44 pm

1 Answer from Attorneys
Dale Lundquist (Solo)

Re: Power of Attorney

The only way your husband could be responsible for his mother's debts is if he signed a document known as a guaranty which is sometimes slipped into a stack of papers one is asked to sign when attempting to admit to or obtain from a medical care provider needed services for a loved one.

If no guaranty was signed and he also didn't sign in his own name, your attorney is correct. he is not liable if he signed solely in his capacity as agent under a Power of Attorney.

Is there a reason you won't go back to this attorney and have him write to these creditors and tell them he'll sue them if they keep harassing your husband?

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Answered on 9/28/05, 11:47 pm


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