Liability of attorney-in-fact
My wife has durable power of attorney for her mother who resides in a rest home and is physically incapacitated. Hse had a prior credit card debt that was turned over to collection- with interest and penalties-$11,000. Mom’s income is from SS and is barely enough to pay her rest home expenses. The collection agency has stated to us that since my wife has power of attorney, that my wife and I are liable for this debt and it could ruin our credit if we don’t pay it. Is this true?
Re: Liability of attorney-in-fact
No, not unless your wife incurred the debt for her own personal benefit. The collection agency’s actions may be a violation of the unfair debt collection act. If they continue, you should contact an attorney.
Scott Schomer
Schomer Law Group
8740 Sepulveda Boulevard, Suite 107
Los Angeles, 90045
Re: Liability of attorney-in-fact
I am so tired of strong on tactics of collection agencies. No merely to you have a durable power of attorney does not make you personally liable for the debts of another. That you may be liable or responsible for those debts for some other recent but so far I haven’t heard any. The only solace in this situation is they have a job to do to collect the debts. In their abuse of the system
is necessary because of the nature of who they deal with under normal circumstances. That is people who build up debts and then just won’t pay them. Some have good excuses but a great many have no excuse other than they are deadbeats. I take your mother-in-law is not deadbeats and I would be interested to know what would be $11,000 consists up. Many times that can be dealt with, not just threw the collection agency but the credit card company itself. At her age I am not overly concerned about her credit rating anymore. i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
Michael Olden
Law Offices of Michael A. Olden
1035 Alta Mesa Drive
Moraga, CA 94556