Legal Question in Wills and Trusts in New Jersey

Power of attorney liability

My father is in jail and I do not know as of yet for how long. He asked that either I or my mom, who is not legally seperated from him to get a Power of Attorney to get mon ey from his reitirement account to pay for bail. I have heard that if there is debt that debt is transfered to the POA is this true? And is there another way for an inmmate to get business taken care of. Ps I do not have my fathers last name, I kept my mother's maden name.


Asked on 8/25/08, 12:47 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Power of attorney liability

Either one of you can be designated POA, and it should specify exactly what is to be done and what is authorized to be done under the document. Being appointed POA does not result in your personal liability for debts of the maker of the POA, but can possibly result in this liability if you improperly use the funds you are authorized to have power over to try to grant or inadvertently create a priority of one creditor over another. Contact me directly if you need more information or assistance.

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Answered on 8/25/08, 12:59 pm


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