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Am I Financially Responsible As POA?

Q: My brother (78) lives in an assisted living facility in PA. I (75) am his only living relative and live in FL. He has given me Power of Attorney but I am not his guardian. If he becomes ill, am I financially responsible for his care if he runs out of money?

A: I am not an attorney, and only a licensed attorney can give you legal advice. However, as I understand it, the answer is "No."

As the person your brother has chosen to represent him if he cannot act for himself, you have volunteered to help him as necessary, but you have not assumed personal financial responsibility. As your brother's "Attorney in Fact" (a person holding power to act for another under a Power of Attorney document) you are not financially liable for his care or any of his debts. It's a good thing, too, or no one would ever volunteer to act as attorney in fact for another person. Ethically and morally, you are responsible to see that he has applied for all the benefits that he might be eligible for, however.

You should be careful how you sign any documents on his behalf. Please check with the attorney who drew up your brother's documents to see how you should sign so that you are not accidentally committing yourself if he cannot pay.

 



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