Legal Question in Elder Law in Pennsylvania

Re: Getting out of a POA

You asked about power of attorney.

You need to speak with an elder lawyer about your rights and responsibilities. Just because a person is a power of attorney does not make them responsible for all or any of the subject's bills. A POA is an instrument that allows the actor to act for the subject but not in place of the subject. Generally when someone signs as power of attorney they can only do so to the extent that the subject would have such power.

A POA does not create liability for expenses to any greater degree than the subject's assets. In other words, if mom had $100K when she granted POA and you responsibly spent $50K on her expenses, then you shouldn't be able to accrue any more than $50K more expenses for her. (The key part here is that there were no assets improperly stripped from the estate.) If the estate is depleted then the state funded mechanisms take over as per normal. No liability will rest with a POA that acts properly and within the bounds of their authority.

Again, you need to speak with an elder lawyer about this matter. A lawyer in that field can review your mother's plans and devise the most appropriate means to satisfy everyone's goals.

Regards,

Roger