Would becoming my mother's Durable Power of Attorney make me financially responsible for her debts if she were to pass away?

Asked by tjwilliams  |  Mar 29, 2011

I am going to do a Durable Power of Attorney with my mom so that I can work with her creditors.

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igloo572

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Mar 29, 2011

No, you are never responsible for your parents debts as long as the debt is completely their own.

I will suggest that if you need to sign any kind of papers, like for selling their real estate, investments, hospital or nursing home admissions, etc. that you sign it: "XXX as DPOA for YYY".
That way there is no way the debt can be assigned to you. Also if you're selling property and have to do the "condition of property" form, if you do it that way and there is an issue later with the condition of the house and the buyer claims you or your mom knew and hid it, it keeps it from being a problem.

You might also want to get a separate MPOA medical power of attorney and incapacity statement done (that she wants you to assume guardianship/convervatorship for her if she becomes incapacitated). The elder care attorney will have these done easily for you. If mom has any assets in more than 1 state, let the attorney know as there may be a separate form that is slightly different for the other state for the DPOA and others.

 
 

castoff

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Mar 29, 2011

Durable POA ONLY means that you may act on her behalf. You are in no way liable. When signing anything sign your name For her name.
Example: Linda Gray For Margaret Gray

 
 

mrjess5

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37 hrs ago

mrjess5of RI, I'm the middle child of my mom and she has Alzhimers and Dementure neither my brother or sister come to visit our mom and when we had our wills written up in 2005 my mom appointed me as her POA because we live together and I have taken care of her since she was diagnoised to have this dreadful desase 3 years ago and I try my best to meet all of her needs finacaly and medicaly. And I would do it again in a HEART BEAT.

 
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