PCVS Asked May 2010

Does someone with Power of Attorney assume their parent's debt or just make decisions?

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What does Power of Attorney actually entail? Does the person (people) with POA assume the parent's debt (if any)? Just decisions or more?

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EXPERT Carol Bradley Bursack May 2010
You may want to ask an attorney in your state but generally the Power of Attorney gives the holder the right to write checks and handle finances for the person involved, as well as make other decisions. The POA dies when the person dies (thus a will is vital - a will with an appointed executor). But the holder does not take on the debts. Still, just in case there is a twist in your state law, if you are worried you may want to check with an attorney.
Carol
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jae May 2010
In a simular situation, what if the person who wants to have power of attorney is the person who has been taking my mom's money and does not have her best interest
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jae May 2010
Hi Carol,
My mom has not appointed anyone, my dad still lives at home but for someone reason my sister feels she is going to be poa.
I stepped in last week when my was admitted to the hospital last week (dementia). My dad is afraid and not sure what he should do. I have contacted an attorney who handles these issues and is sending infor for me.
But I don't trust my sister, because she has taken money and assets from my mom before and explained her way out of it when my mom was sound minded.
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jae May 2010
Thank you !!
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Heatherj43 May 2010
My eldest sister keeps telling me that she will be responsible for my parents debts when they die. I find that hard to believe. Actually, I don't believe it.
I can't figure out why she is telling me this. She does handle their funds now and is on the will to divide any inheritance between the 4 of us, but I cannot believe she will be responsible for any debts. I thought debts come out of whatever they do have when they die, or if there is nothing, the debts are just cancelled. Plus, why would SHE be responslible and not all of us?
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jae May 2010
Your sister is older thats the problem older children always feel that they should take over everthing. If she is the person who pays their bills and is on the will as the head. She'sgoing to feel responsible. but if I were you I would infilrated the situation and push your presents and let her know that tou want to take over some of the debt or you want to be more involved with their matters.
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PCVS May 2010
Thank you! An addendum: Are the form generated through, for example, legacywriter.com valid? I want to avoid lawyers as they charge more than either my mother or I can afford. We did get one for when she made out her will - and my sister paid for it - but for the little bit of time and effort she put into the project it seemed to me outrageously priced.
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