Legal Question in Credit and Debt Law in West Virginia
My liability for my fathers debt, for whom I have power of attorney
I have legal power of attorney for my 90 year old father. While he was in my care he ran up his credit cards to the maximum amount. Because I was the one who did most of his shopping for him, I signed most of his credit card receipts.
Am I legally liable for his debts now that he is in a nursing home and can no longer make his credit card payments? The nursing home receives his social security check and his retirement income as payment for his upkeep.
1 Answer from Attorneys
Re: My liability for my fathers debt, for whom I have power of attorney
The Statute of Frauds, adopted in most jurisdictions, including West Virginia provided that no person can be charged with the debt of another unless there is a written promise to pay. That promise can take several forms, including signature on the original contract, letter, check. etc.