I read this and wondered if the OP is asking if the POA can file bankruptcy on behalf of the person they hold POA for AND include the amount they are owed for their POA services with the debts they report in the bankruptcy papers. I didn’t get the impression that they want to file bankruptcy for the person they have POA over and include their own personal debts.
My family has been looking into this. We are in Canada, so under Canadian laws and regulations.
The characters:
Jay has been assigned fiscal and healthcare POA over Joe and Sue. Joe and Sue are mentally competent, but in very poor physical health. Joe and Sue have massive debt, limited incomes and no way to pay off the debt.
Jay has been to speak to the Bankruptcy Trustee and it has been confirmed that Jay can start bankruptcy proceedings on behalf of Joe and Sue.
All the debt has been accrued by Joe and Sue. There is absolutely no commingling of funds between Jay and the others.
The vibe I’ve always gotten for bankruptcy is that the person filing must show up in person and be able to acknowledge the judge, the court and the proceedings. A creditor could show up and ask to be recognized and that opens a whole host of issues. Dpoa can go with them but they have to pretty well be competent and cognitive in front of judge. If their not, your need to be a guardian to do it.
If your ? is more kinda that the person your dpoa for owes you $, you’ll need some sort of Promissory Note or Memo of Understanding that’s witnessed and notarized along with debt owed correctly formatted for the court and filed with the court. the Note would need to have been in place for any expenses to have been included from that date forward.
Bankruptcy is a one person exercise. You question is difficult to understand. The POA (power of attorney) is the piece of paper. The person who gives away the power to operate is technically called the donor, and the person who is given the power to operate is the donee. Even if you don't use the technical terms (use A, B, etc or false names instead), please explain which party is considering filing for bankruptcy, which party is the debtor who owes money, whether the money they owe is owed to the person who operates the power (or is owed by the donee to the donor) and whether there are other debts owed to or by each person.
If you can't follow that, you can see why your post is confusing!
If more than one person has debts, filing for both at the same time might make things easier, but you need to clarify the situation first.
Are you saying the POA is personally filling bankruptcy and including the person who assigned them debts too. No, I don't think they can unless the other person is a spouse. I would think the court will ask for proof of the debts and see that some are in a different name.
The characters:
Jay has been assigned fiscal and healthcare POA over Joe and Sue. Joe and Sue are mentally competent, but in very poor physical health. Joe and Sue have massive debt, limited incomes and no way to pay off the debt.
Jay has been to speak to the Bankruptcy Trustee and it has been confirmed that Jay can start bankruptcy proceedings on behalf of Joe and Sue.
All the debt has been accrued by Joe and Sue. There is absolutely no commingling of funds between Jay and the others.
If your ? is more kinda that the person your dpoa for owes you $, you’ll need some sort of Promissory Note or Memo of Understanding that’s witnessed and notarized along with debt owed correctly formatted for the court and filed with the court. the Note would need to have been in place for any expenses to have been included from that date forward.
If you can't follow that, you can see why your post is confusing!
If more than one person has debts, filing for both at the same time might make things easier, but you need to clarify the situation first.