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Am I responsible for my mother's credit card debt if I am her POA and she has passed away?

Estacada, OR |

My mother passed away on October 1, 2012 and has a credit card in her name only. As her POA, am I resposible for any of this debt?

Attorney Answers 3


No, as the holder of her POA, you are only a fiduciary. If your mother left an estate to be administered through probate court, the estate would be required to pay her credit card debts. The only reason you might be required to pay this debt is if you were a co-borrower on the account. Hope this perspective helps!

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3 lawyers agree


No. Her estate is responsible so if the debt is still chargeable against the estate then you'll need to adminster it from her estate but otherwise, you'll have no personal liability.

Good luck.

Evan A. Nielsen
1255 W. Colton Ave., #506 | Redlands, CA 92374
Main: 909.363.4658 | Fax: 480.304.3211

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Evan A. Nielsen is licensed to practice law in California. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.

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2 lawyers agree


No, you are not personally responsible for your mother's credit card debt just because you hold a power of attorney for her. However, if you signed the credit card agreement and made charges on her account, this could generate personal liability for you.

This answer is of a general nature and is not intended as legal advice. The fact that I have responded to your question is not intended to form an attorney/client relationship and I do not agree to represent you without further review, a conflict search, an executed legal services agreement, and the payment of an agreed retainer. In accord with the provisions of IRS Circular 230, this answer can not be used as a defense against the assertion of any tax penalty. Pursuant to federal law, I am a debt relief agency. I file cases in Federal Bankruptcy Court, US Tax Court and Oregon Tax Court.

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