Legal Question in Wills and Trusts in North Carolina

if you become a power of attorney for an elderly parent do you become liable for their debts?


Asked on 6/21/10, 7:17 pm

2 Answers from Attorneys

Jeff Rosner Rosner Law Firm P.A.

No but when you sign for something, make sure you are signing in his/her name and not yours.

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Answered on 6/22/10, 5:29 am

No. As a followup, do not sign in the name of the elderly parent. Sign your name, BUT MAKE IT CLEAR THAT YOU ARE SIGNING IN YOUR CAPACITY AS POWER OF ATTORNEY for your elderly parent, e.g.:

signed by Jim Smith, as power of attorney for Jane Smith.

Its cumbersome, but it lets everybody know what you are doing and why. If you sign your name to something without this magic language, you could make yourself liable.

Keep good records and only your your parent's money or other assets for their bills/debts/obligations.

Is your parent in NC? If out of state, the power of attorney may be governed by different laws. In such case, you should consult an attorney in the state where the power of attorney was granted.

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Answered on 6/22/10, 12:29 pm


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