Legal Question in Wills and Trusts in West Virginia
Power of Attorney
If I am asked to be Power of Attorney for a friend, am I responsible for their debts if they don't pay or if they die?
Asked on 1/15/02, 1:46 pm
1 Answer from Attorneys
Jay Goldenberg
Jay S. Goldenberg
Re: Power of Attorney
You are not personally responsible for another's debts unless you specifically sign to be so. Acting under Power of Attorney, let alone being named (which still leaves you the option to decline when the time comes) does not constitute that. However, when one is in fact acting one should check papers to make sure somebody isn't trying to sneak in such an agreement.
Once you undertake to act, you are responsible for using their assets on their behalf and for payment of creditors -- note "using their assets".
Answered on 1/15/02, 10:55 pm
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