Is a person who is a individual's POA, attorney in fact, responsible for paying bills without a request to do so by the person?

Follow
Share
This question has been closed for answers. Ask a New Question.
Find Care & Housing
7

Answers

Show:
You're not, unless there's a breach of fiduciary responsibility.
Helpful Answer (0)
Report

I was seeking to confirm and views about " being POA makes you personally FINANCIALLY responsible for paying the bills"

I anticipated ,the answer would be generally no and "legally do not have to just because yo are POA."

I asked the question for information purposes. Thanks for the feedback
Helpful Answer (1)
Report

If you're asking whether an immediate responsibility arises, that depends on the triggering mechanism under the DPOA, i.e., whether it activates only if the maker is adjudged incapable to make his/her own legal and financial decisions.
Helpful Answer (0)
Report

If you are worrying that being POA makes you personally FINANCIALLY responsible for paying the bills,the answer is generally no. If the person you are POA for can't do it, that might in fact be one of your responsibilities as POA to make sure bills get paid or arrangements and communications made if they can't be; you might be ASKED to spend your own $$ but you legally do not have to just because yo are POA. Filial responsibility laws are another matter entirely but then it would likely not matter if you had POA or not. If in doubt after re-reading the actual POA documents, do get eldercare legal help or check with your estate planned if you have one.
Helpful Answer (0)
Report

As I understand POA the person may grant you the power to handle finances while the person is still competent and when the person is incompetent you have the power to handle financial affairs whether or not a request has been made.

In my case I have a very broad durable power of attorney for both financial and medical issues for my parents. Even though my parents are not legally incompetent I've been handling bills and finances for some time. My mom is aware of this and has no problems. Dad, with dementia, thinks mom is doing the bills and would have a fit if he knew I was doing it, but he would forget in about an hour. If I were dishonest, given the broad language in the POA, I could abscond to Vegas with every cent they have, sell the house, liquidate assets etc. This is why it's so very important not to put POA in the wrong hands.
Helpful Answer (2)
Report

No. I would NEVER execute a financial POA unless asked by the person or the person were unable to act on his or her own.

Even if asked, you are free to decline.
Helpful Answer (1)
Report

Do you have a financial POA? There is different types of POA.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.