If you have their POA only, no, you would not be responsible for any of their assets, investments, accounts, etc. The exception is if you are also named as a co-owner on accounts such as checking accounts or if you are also on credit card accounts. The POA only gives you the ability to make financial decisions for someone who has become incapacitated.
The answer above is correct. You are managing their affairs, and have a duty to be financially responsible on their behalf, etc. but not pay expenses out of your own funds or take on liability personally for anything of theirs (if, as stated above, you don't get into joint ownership or anything). Also, be careful of signing things on their behalf (i.e. a nursing home, assisted living contract, contract for services, etc.)-you need to sign as their POA not as yourself (i.e. "John Smith as POA for Loretta Smith"), in which case you could be held personally responsible.
Also, most POAs are effective immediately (not just based on incapacity, unlike medical POAs/healthcare surrogates which usually are only effective then)...though most people don't use them until the person has difficulties managing or is unable. The language also must be "durable", meaning that the POA survives incapacity (other POAs are sometimes used for limited cases, i.e. selling property). All of this brings up the importance of getting good legal advice...forms can be ok for some things, but a good estate planning/elder lawyer can answer all these ?s, customize documents, keep you up to date on any law changes, etc.
Lilliput, my mother made me co-owner of her personal checking, money market and CD's with right of survivorship before she made me durable POA. What are my responsibilities there? Once she got in the nursing home, she made me joint owner with right of survivorship of her personal securities which before had been in her name only?
Crowe: from my limited experience with these matters and from reading about other forum member's experiences, I believe that all the assets, where you are named "co-owner" will revert to you upon her passing. Did she also create a will or living trust? If a will or trust states otherwise, I am not sure which would take precedence...this would be a good time to contact an impartial attorney to evaluate her documents. (I am hoping one of our experts chimes in on this issue.) The POA is a document that allows you to help your Mom carry out her wishes if she should become incpacitated in any way. In essence, all her income, assets, and properties are hers to do with as she pleases until her passing.
My mother made me her POA and also put me as co-owner on her car and home. She lets unlicensed people drive her car. Am I personally responsible for damages caused by those unlicensed drivers?
Are both your and your mom's names on the car insurance policy? Is your mother competent to handle her business in a business like manner and has a doctor evaluated her competency? You and your mother both own the car and are responsible for how it gets used or misused.
My mum is in a nursing home, I am POA and her creditors are harrassing me about her bills,. She gets Medicare, all of it goes to the nursing home,with nothing left over to pay any of her creditors. The creditors wants me to fax a copy of the POA. If I were to do that ,will they hold me responsible for paying her bills.?
The creditors want some validation that you have durable POA. Sending them a copy confirms that but does not make you responsible to pay your mother's bills from your own money. You might need to find a valid debt agency to help you deal with these creditors. Don't let them bully you into thinking you have to personally pay them out of your own pocket.
If I was given POA of someone who has had a stroke and put into assisted living and now does not have the funds to pay for his home, medical expenses. He does have Medicare so they pay most of the medical bills. Can I just send a letter to those he owes money to and let them know the situation and not pay anything
My Dad is currently in a nursing home and needs to be there. He is physically unable to care for himself. He takes 14 different meds. I am his daughter, legal POA and healthcare POA. He is threatening that he wants out of the nursing home or he will kill himself. Can I legally keep him there against his wishes. His doctor will not give him permission to leave either so he is going against drs. wishes. He has no place to live and says not to worry. He even still drives, but is not very careful. Do I need a conservatorship or what to override his wishes for leaving care center?
bossygirl, you can keep him there legally, plus the doctor is not going to let him go for he sounds like he is unsafe to discharge. I don't understand how he can be in a nursing home and still be able to drive. That sounds more like assisted living. Has your dad been evaluated by a doctor for how competent he is?
No he can't drive while in the nursing home. But he demands I bring him his car and his pills and his money so he can go live in a trailor house he called about with a 39 year old man for $350 a month. We do not know this man and dad did not tell him that he is 77 years old, a smoker, and on all kind of meds. The drs. all say he is not competent to make decisions for his health care. I just need to know if I have to go to court to be able to make him stay where he is and not be out driving around with money in his wallet and no where to go. Plus he is a gambler.
His wife and him are currently getting a divorce. They are fighting over who pays what. She is 59 and he is 77. He is just old and she want her freedom. i think she will have to pay all the expense but he is worried she will not do it and he hasn't the money to pay $151 a day. I know money is a big issue for him. I told him we will apply for medicaid asap when the divorce is final. But I can't have this constant calling me and telling me to get him out. He has even been to Satori Behavioral Health twice for comments and anger. He is frustrated and so am I. Can't he just check himself out if I won't do it?
I don't believe that he can just check himself out. Where does his wife live? Do they own a house or trailer together? Has he gone to court for the divorce proceedings? Sorry to be nosy, but on what grounds is she divorcing him?
My fiance was named his mothers POA- she was in a nursing home a short time before she passed away. She incurred expenses from the nursing home and also from the funeral home- she had signed over a life insurance policy to the funeral home to pay for her funeral and they told my fiance all expenses were covered then later presented him with over a $1,000 bill. Is he responsible for it?
POA ends upon the person's death. Is your fiance the executor of his mother's estate? The bill should go to the executor of the estate and paid for from the estate. Neither the POA or executor are responsible for the person's bills. How much was the life insurance policy for that she signed over?
My mother gave me poa when she lived with me. She was living with my half brother for three years before going in to a nursing home. He has all her money, and belongings. My question is when she passes who is responsible for her burial.
Your brother should not have all of her money. It should be being managed by you as the POA.
How is the nursing home being paid for?
When she passes, the money for her funeral should come from her estate if there is any money left by then. Does she have a will and who is the executor of the will? If there is not enough money left over to pay for her funeral, I would think it would be a shared responsibility between you and your brother.
Yes. She left me a will giving me everything, money, car, furniture. My brother has all her money and her assets witch he took when he took her in. He and mom are in a different state. He is slowly going through her money. He doesn't know I have power of attorney and a will. He thinks his will is in power. Mine supersedes his, from when she last lived with me. I just don't want to be responsible for her debts, or funeral, when he is the one that has all her assets. I don't even know where her new bank account is or her belongings. The last bank account she had he took her to the bank, and she with drew all her money five month before putting her in the rest home. Thank you for answering my question, and the response to If I had a will? Does that make me the executor? PS my half brother and I don't speak. So it's hard to get any answers.
If the will states that you are the executor, then you are. What advantage is there in your not telling your half brother that you have POA and the will? What he is doing is not legal. I'm sorry that you two don't speak and that you live in a different state. He must be terribly intimidating. I think that you need a lawyer. I wish you well as you figure your way through all of this.
You are not responsible for your mother's bills that she took out under her name. If you are signed on to any of them, car, credit card, etc. then you can be held liable. Anonymous was correct in their information to you.
My mother is in a nursing home til the end of time & I, her daugther, is her POA. All money received monthly ie Social Secuirty, pensions go directly to the nursing home. She has medicaid & is basically under the state's care. Is it my responsibilty to call the various ambulance, doctor offices, etc. & medicaid office to question and/or reconcile the balances on her bills or should this be the responsibility of the nursing home?
FORMYMUM: What type of bills did your Mom have that the creditors are harassing you over? I honestly like stuff like this because it is a bit of a challenge to get them off your back, especially when I know I am right!
If you have not signed on to anything like your Mom's credit card or anything, you really do not have anything to worry about. They cannot come and take YOUR money to pay her bills. What you need to do is find the bills or letters from the creditors and you need to sit down and type up some letters to each of them, you need to explain the situation. "My elderly mother who is 90 years old and suffers with dementia, has become so ill that she has been admitted to such and such facility." Go on to tell them that she has zero assets left, every cent of her social security is paid directly to the nursing home, etc. Tell them that you regret to inform them of this information but there will be no further payments made to them and it will be necessary for them to write off the balances owed. You can go on to tell them that any further communication from them will be considered to be harassment if you want.
Now after saying all that, IF your Mom has a bank account or a home you will probably have to pay them from the proceeds. In my sister in laws case she died and her house was not worth what she owed on it, so they let the house go back to the bank, they sent a copy of her death certificate, she was not married nor did she have children, so they just had to write off the balances on her credit cards.
Creditors can be heartless and ruthless so you may have to stand up to them. If there is nothing left, then there is nothing left, "you cannot squeeze blood from a turnip!"
@HolyCow What I'm asking in previous question is: My mother's bills are being mailed from the creditors to the nursing home in which they called the ambulance, made doctor appts, tests done, etc. & they are in turn sending them to me to reconcile. I need to know if I am responsible for calling/handling these bills? Nursing home says yes because I am her POA.
Rain, yes she can stop the nurses and doctors from telling you what is going on. That is what happened to me. I am like the next door neighbor's second cousin, twice removed. All I can do is observe and hope for the best.
The POA only gives you the ability to make financial decisions for someone who has become incapacitated.
Also, most POAs are effective immediately (not just based on incapacity, unlike medical POAs/healthcare surrogates which usually are only effective then)...though most people don't use them until the person has difficulties managing or is unable. The language also must be "durable", meaning that the POA survives incapacity (other POAs are sometimes used for limited cases, i.e. selling property). All of this brings up the importance of getting good legal advice...forms can be ok for some things, but a good estate planning/elder lawyer can answer all these ?s, customize documents, keep you up to date on any law changes, etc.
Did she also create a will or living trust? If a will or trust states otherwise, I am not sure which would take precedence...this would be a good time to contact an impartial attorney to evaluate her documents. (I am hoping one of our experts chimes in on this issue.)
The POA is a document that allows you to help your Mom carry out her wishes if she should become incpacitated in any way. In essence, all her income, assets, and properties are hers to do with as she pleases until her passing.
How is the nursing home being paid for?
When she passes, the money for her funeral should come from her estate if there is any money left by then. Does she have a will and who is the executor of the will? If there is not enough money left over to pay for her funeral, I would think it would be a shared responsibility between you and your brother.
Anonymous was correct in their information to you.
If you have not signed on to anything like your Mom's credit card or anything, you really do not have anything to worry about. They cannot come and take YOUR money to pay her bills. What you need to do is find the bills or letters from the creditors and you need to sit down and type up some letters to each of them, you need to explain the situation. "My elderly mother who is 90 years old and suffers with dementia, has become so ill that she has been admitted to such and such facility." Go on to tell them that she has zero assets left, every cent of her social security is paid directly to the nursing home, etc. Tell them that you regret to inform them of this information but there will be no further payments made to them and it will be necessary for them to write off the balances owed. You can go on to tell them that any further communication from them will be considered to be harassment if you want.
Now after saying all that, IF your Mom has a bank account or a home you will probably have to pay them from the proceeds. In my sister in laws case she died and her house was not worth what she owed on it, so they let the house go back to the bank, they sent a copy of her death certificate, she was not married nor did she have children, so they just had to write off the balances on her credit cards.
Creditors can be heartless and ruthless so you may have to stand up to them. If there is nothing left, then there is nothing left, "you cannot squeeze blood from a turnip!"
What I'm asking in previous question is: My mother's bills are being mailed from the creditors to the nursing home in which they called the ambulance, made doctor appts, tests done, etc. & they are in turn sending them to me to reconcile. I need to know if I am responsible for calling/handling these bills? Nursing home says yes because I am her POA.
Yes, your mother, if she is competent, can have you and your sister as POA, but I think in that case one of you would need to be the primary one.