If you have Power of Attorney for your parent are you responsible for their debt when they're gone?

If you're having legal issues you need an attorney. If you're NOT on the accounts as a joint account holder or jointly responsible for a debt, you're not responsible. If you never signed anything accepting responsibility, you are not responsible for the debt. When a person dies, their executor should use their assets to pay their debts, and if there is anything left over, it is distributed to the heirs. Insurance policies are distributed directly to the beneficiaries and are not part of the estate, UNLESS there is no beneficiary, or the beneficiary is also dead. Also, when a person dies, any POA that was in force during their life expires immediately.

Collection agencies of any type will tell you just about anything to try to make you believe that you have a financial responsibility to pay these debts. Unless they can provide you with documentation that you signed accepting responsibility for the debt, you do not have to talk to them and can demand they stop contacting you.

Typically you are only responsible for accounts your name is on, but that is a real issue if you have put your name on them just to help manage them, as my cousin did with my aunt's bank account and some credit cards, and she got clobbered. Do the managing as POA and via setting up web access instead. Filial responsibility laws exist in some states where Medicaid can come after your assets, but POA does not change that either way, typically. Getting to a competent estate planner or eldercare attorney is usually worth the expense if you can.

About the auto accident suit...unless they are going to claim you should somehow have stopped your MIL from driving, I don't see what grounds they would have, but they may just be either confused or ethics-challenged and trying to intimidate you. I have one of those monthly subscription legal prepaid things and they usually get to the bottom of nuisance things like this pronto. Here's hoping you don't have to "lawyer up" if you don't have one of those to fall back on.

Jeannegibbs, As a courtesy to the family that my mother-in-law injured during the accident, I called my mother-in-law's insurance agent and turned in the accident report via phone. Her auto insurance paid for medical bills. I was not involved in the accident, my mother-in-law owned and insured her own car. My husband and I live more than 350 miles from where she lived.

Sizemoe777, it is possible for anyone to sue anyone over just about anything, but that doesn't mean they have a good case and might win. Were you involved in the accident at all? What is the basis of their claim?

My mother-in-law died as rhe results of at an at fault accident. I am not her POA, nor her personal representative. I have not signed anything. I did turn in the accident info to her insurance info to help the people that she helped get their clai settled. They are suing me now. Is this possible?

am I the daughter and power of attorney responsible for 12000.00 owed after she was medicade approved medcde was applied for this past January I have been giving the m her ss and pension since she has been there her assets are below 2000.oo and owns no property

my mother is in a nursing home her assets are 2000,oo she applied for mbut did not sign on to pay out of my funds for my mothers debt what can I doedicade in January and after several mistakes that they own up to the nursing home called me today and I was told that I owe them12000.00 and that it would go into colletions if I the daughter don't pay I am power of attorney

My mother has to go to a nursing facility for therapy her out of pocket expense will be approx. 10,000 her income only consists of ss. She does have supplement insurance. When her funds run out are myself and sister resposible for her debt because we are both power of attorney?

My parents do not have a will, and the only assets they have are 2 small group universal life ins. policies which we are counting on to pay for funeral arrangements. They do not have any arrangements made either. I am very worried about this, as my dad may face long term health care in a nursing facility. They also do not have any lawyer. What happens to these policies?? Do I make myself the beneficiary? I am power of attorney along with my sister. Help!

Thank you so much for responding on this issue. I am not on any of my Mothers accounts and this has been a deep concern for me for along time. Glad I could finally find an answer to this question!
claw10

It depends. Are you listed on any of the debt accounts? If so you will be responsible. If you are not on the accounts then your responsibility is to pay the bills as the funds are available and manage the money the best you can. When the time comes and they are gone the executor of the will is responsible in being sure any remaining funds are dispersed correctly. If there is still debt the creditors are notified and have no recourse. Sometimes our parents make messes that we can't fix. Good luck.