Find Articles by Topic:

Nolo Logo

Since 1971, Nolo's goal has been simple: Make America's legal system accessible to everyone. Our website, books, software, online legal forms and lawyer directory help millions of individuals, businesses and nonprofits solve their legal problems each year.

Small text sizeMedium text sizeLarge text size Print this page
 

If I serve as agent under a financial power of attorney, am I personally responsible for debts?

Question:

If I have power of attorney for someone, can I be held responsible for that person's debts in the event of death?

Answer:

You should not be held liable for the principal's debts or other financial troubles unless those difficulties result from dishonest or grossly irresponsible acts on your part.

As long as you are scrupulously honest, careful with the principal's money, and faithful to the instructions given to you in the power-of-attorney document, you take on little legal risk when you agree to serve as an agent.

Also, you should know that your job ends when the principal dies. At that point, the executor of the principal's will steps in to wind up his or her affairs. If there are debts to be paid, the executor will pay them out of the deceased person's assets. Of course, if you were jointly responsible for the debts to begin with -- for example, because you are married to the principal and you took on the debts together -- you will have to pay.

Nolo posts updates to the latest versions of books and software when major legal or practical changes occur. To see if your product has had a recent update, search for that book or software and visit its product page.

All IRS Audits products >

Find A Lawyer

Enter zip or city, state ("Boston, MA")

Attorney Profiles

Attorneys: Get Listed

Advertisement

Advertise Here

Nolo Partner

This service is operated by JustAnswer.
Nolo provides no guarantee of the information provided.