Legal Question in Elder Law in Ohio

Liability of Power of Attorney

My husband is Power of Attorney for his mother. She wants to enter into what I consider a questionable sale of her house to a neighbor. My husband is going to sign for her as Power of Attorney (she had a stroke recently and is unable to sign herself). My question is: What sort of liability is my husband subject to concerning this sale? I do not want him to sign this questionable document (his mother refuses to deal with an attorney) if he could be held responsible for the inadequacies of this document.


Asked on 6/10/08, 10:52 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Liability of Power of Attorney

The holder of a POA (your husband)has a fiduciary duty to use the funds of the grantor (his mother) in a way that benefits the grantor. Generally this means that the holder cannot use the money for his or her own benefit. To do so makes the holder personally liable. If the sale of the house will benefit his mother--say, she wants to use the proceeds for her nursing care, etc., then he is acting properly. However, just because his mother's stroke has made signing a purchase agreement difficult, doesn't mean she can't sign it. Any mark would be considered sufficient, particularly if it is witnessed.

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Answered on 6/11/08, 7:39 am


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