Power of Attorney- liabilities?

BigPooka

New Member
BigKarch can ya help me out here?

I and my mother both live in Indiana. She has granted me POA and I am not truely comfortable w/ it. She has a house she is selling on land contract and still has a mortgage on it. the buyer is not paying on time and Im afraid he will default. Am I liable for her debts from the mortgage co because she made me power of attorney(I'm not worried about her other debts)?
Any help would be appreciated.

Thanx
Pooka
 
Im not an atty, but I am almost 100% positive that you cannot be held responsible for your mothers debt simply because you at POA.
 
It's a little more complicated than stated above. You may be responsible for her debts as her attorney-in-fact. For example if you use/deplete her funds under the POA a pre-existing creditor could sue you if her fuunds aren't sufficient to pay that creditor.

Also, if you have the power to make gifts to yourself under the POA, it is possible that someone could sue you and get her money arguing that you have a general power of appointment over her funds.
 
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