Skip to main content

Can I be legally sued by acting as a person's durable power of attorney?

Los Angeles, CA |

My father has recently become deemed incapacitated and as of now, I am now acting as his dpoa. Can I be personally sued for any of my father's bills?

Attorney Answers 3

  1. Answer-anyone can be sued.
    You should sign anything concerning your
    Dad as POA for him.
    The end result would be that his assets would be in jeopardy-not yours.
    There are limited circumstances where you could have some liability.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

  2. I agree with Attorney Pippen. As long as you are acting within your authority as Agent under the POA, then your father's liabilities are his alone. Be careful not to sign anything, particularly anything seeking a "responsible party", without making sure it is clear you are acting under the POA form.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

  3. My colleagues are correct. Provided that you act within the scope of the DPOA as agent, you should not be personally liable for your father's debts. However, be very careful in executing documents on his behalf that you include a notation that you are signing as the agent for your father under the DPOA.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.