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Jojo1955 Asked January 2018

Does anyone know when you do power of attorney if they do a credit check?

The person I had in mind has a bad credit rating.

gladimhere Jan 2018
I would not choose a POA that has difficulty managing their own money. How tempting to have a stash of cash. Is this person trying to persuade you? If so, a huge, very bright red flag!

freqflyer Jan 2018
I remember a few years back on this forum where parents elected that their son be their Power of Attorney because men are better with finances. Well, this son didn't know how to handle money, yet the parents choose him over their daughter who was a CPA.... [sigh]

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Countrymouse Jan 2018
Or an outright crook, Tothill - a successful crook, indeed.

There is a different between a lacklustre credit rating and a criminal record or history of financial mismanagement. Make sure to distinguish which applies to your choice of POA.

As far as I know, there is no law against appointing a POA who's always been a bit hopeless financially (though that doesn't make it a good idea, either). But I would expect the US to have laws preventing people with criminal records or bankruptcies or similar from operating a power of attorney. You may need to have another think.

Tothill Jan 2018
I would look into why they have a bad credit rating. What are they doing to get their spending back in line? Post divorce I did not even have a credit rating. It took three years to build one up. So not all bad credit ratings are from fiscal mismanagement.

Additionally someone could have a great credit rating, and be a terrible financial manager.

SueC1957 Jan 2018
I was not checked for a credit rating to be my mother's POA.
She would have no worries however, my credit score is 805.

It may be a better idea to find someone more financially responsible to be working with YOUR money if you weren't able to.

notrydoyoda Jan 2018
I would not select someone to be my POA if they had a poor credit rating. Why would you even consider doing so?

BeckyT Jan 2018
I have never heard of a credit check being run to allow a person to be a POA. I believe a person can pick whomever they choose.

freqflyer Jan 2018
Jojo, my Elder Law Attorney never requested a background credit check.

Actually it sounds like a good idea, because if a financial POA is assigned and that that person has terrible credit with a lot of debts, there is always a risk that money could be taken. It can be very tempting. This would be something to bring up to your "State" Senators.

Ahmijoy Jan 2018
I don’t think there would be any need for a credit check to be done. I don’t know why it would be. Credit checks are done if you want to purchase something on payments.

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