will i have any financial obligations when given medical power of attorney? ca funeral costs

No, having power of attorney over someone does not make you personally liable for their medical expenses. However, you could be liable if you sign to authorize her care, not as a power-of-attorney, but as a co-signer. It's important that you carefully review documents before signing them.

Full Answer

Can you have a medical power of attorney&a financial power?

Apr 30, 2021 · A medical power of attorney authorizes healthcare decisions to be made on your behalf by a designated individual, while a financial power of attorney allows for an authorized individual to oversee ...

What is a financial power of attorney?

Jun 26, 2019 · Yes. No one is obligated to accept another person’s power of attorney. You can refuse it for any reason. Power of Attorney: 12 Can’ts. Can a Durable Power of Attorney Make Medical Decisions? No. A durable power of attorney is generally for legal decision making and financial decision making. To allow a trusted person to make health care ...

What is a health care power of attorney?

A durable medical power of attorney (POA) allows a person to appoint someone to make health care decisions on their behalf if they are unable to make the decisions for themselves. The responsibilities in this situation for an elderly person are the same as the responsibilities under a medical durable POA for a person of any age.

What is a durable power of attorney for an elderly person?

An agent with a valid power of attorney for finances may be able to: Access the principal’s financial accounts to pay for health care, housing needs and other bills. File taxes on behalf of the principal. Make investment decisions on behalf of the principal. Collect the principal’s debts.

Who is responsible for paying the funeral costs?

Whoever pays for the funeral – family, friends or the council – can look to recover the costs from the estate of the person who died. Sometimes, their estate isn't large enough to cover this. If the person who died had other debts, funeral costs are usually paid first.

Can you be forced to pay for a funeral?

Can you be forced to pay for a funeral? ... It is rare for relatives to be forced to pay for any burial or cremation costs and provided that they have not signed for a coffin, embalming fees or any funeral expenses, relatives are not legally obliged to pay for them.Aug 31, 2018

Can funeral expenses be paid before probate?

Funeral expenses can usually be paid for from the deceased person's estate*, but you may have to wait until the probate process has been completed for funds to become available. This can take 9-12months or longer, depending on the complexity of the Estate.Mar 4, 2020

Are funeral wishes legally binding?

Generally funeral wishes expressed in a Will aren't legally binding. Decisions on funeral arrangements including date, location and guest lists, are the responsibility of the deceased's legal representative.Apr 8, 2021

What happens to a body if there is no money for a funeral?

People who can't afford those services are left with the cheapest option: cremating their loved one's remains and leaving it to a funeral home to dispose of them. Others may simply abandon relatives' remains altogether, leaving it to coroners and funeral homes to pay for cremation and disposal.Jan 20, 2019

Is the next of kin legally responsible for funeral costs?

The people named in the deceased's will as their executors (or, if the deceased didn't make a will, their nearest relatives) are primarily responsible for arranging their funeral.

Can I claim funeral expenses on my tax return?

Individual taxpayers cannot deduct funeral expenses on their tax return. While the IRS allows deductions for medical expenses, funeral costs are not included. Qualified medical expenses must be used to prevent or treat a medical illness or condition.Dec 26, 2021

Can funeral costs be paid from the estate?

Yes, funeral costs can be recovered from the estate. If there's not enough money in the estate, the local authority will pay for a public health funeral instead.Jul 12, 2021

Do I need probate if I have power of attorney?

The person who had power of attorney may well be the executor or administrator of the estate. ... So the fact that you had power of attorney has no influence over whether or not probate is needed.

Can you put cremation in your will?

We generally advise against including detailed funeral wishes in the Will. A simple expression of whether you wish to be buried or cremated is sufficient; the detail is better left to a conversation with appropriate members of the family.Jan 9, 2018

How do you make sure your funeral wishes are followed?

5 Steps To Make Sure Your Funeral Plans Are FollowedWrite out your funeral plans apart from your will. ... Tell your family and share copies of your funeral plans with them. ... Pay for your funeral arrangements ahead of time. ... Create an advance directive. ... Assign a durable power of attorney.More items...•Feb 10, 2022

How do you say you want to be cremated in your will?

The following will clauses can be added to your own collection as further options where a client expresses a desire to be cremated at death. I hereby direct that my body be cremated and that my ashes be disposed of in such manner as my executor or executors shall, in their discretion, deem appropriate.Sep 20, 2012

Can a Convicted Felon Have Power of Attorney?

Yes. Texas law does not prevent a convicted felon from having a power of attorney. A mentally competent person has the authority to select who they...

Can a Company Be a Power of Attorney?

Yes. In Texas, you can grant your power of attorney to an entity of your choosing. In certain circumstances, you may choose to give your power of a...

Can a Doctor Override Power of Attorney?

Yes — but only in limited circumstances. If an advance medical directive is in place, the instructions in that document may override the decision o...

Can a Durable Power of Attorney Be Changed?

Yes. A durable power of attorney is a flexible legal document. As long as a person is mentally competent, they can change — even revoke — power of...

Can a Girlfriend Be a Power of Attorney?

Yes. Any trusted person can serve as a power of attorney. They do not have to be a legal relative.

Can a Power of Attorney Also Be a Beneficiary?

Yes. In many cases, the person with power of attorney is also a beneficiary. As an example, you may give your power of attorney to your spouse.

Can a Power of Attorney Be Challenged?

Yes. If you believe that a power of attorney was not properly granted or the person with power of attorney is not acting in the best interests of t...

Can a Power of Attorney be Irrevocable?

Yes — though it is unusual. You can bestow an agent with irrevocable power of attorney in Texas. However, generally, estate planning lawyers will r...

Can a Power of Attorney Create an Irrevocable Trust?

Yes — but only with the express authorization of the principal. To be able to create an irrevocable trust, the power of attorney documents must sta...

Can a Power of Attorney Holder Open an Account?

Yes — but certain requirements must be met. Banks and financial institutions will require the agent to present specific documents.

What is a power of attorney?

Powers of attorney are key estate planning documents. In the unfortunate event that you become unable to care for yourself, it is crucial that you grant a trusted party the authority to effectively make legal, financial, and medical decisions on your behalf. Through two key estate planning documents — the durable power of attorney and ...

Can a durable power of attorney make medical decisions?

Can a Durable Power of Attorney Make Medical Decisions? No. A durable power of attorney is generally for legal decision making and financial decision making. To allow a trusted person to make health care decisions, grant them medical power of attorney.

Can you have multiple power of attorney?

Yes. You have the legal right to appoint multiple people as your power of attorney. You could even split your durable power of attorney and your medical power of attorney. The legal documents should state whether each agent has full, independent power or if they have to act jointly.

Can a convicted felon have a power of attorney in Texas?

Can a Convicted Felon Have Power of Attorney? Yes. Texas law does not prevent a convicted felon from having a power of attorney. A mentally competent person has the authority to select who they want to serve as their power of attorney.

What is a durable power of attorney?

A durable medical power of attorney (POA) allows a person to appoint someone to make health care decisions on their behalf if they are unable to make the decisions for themselves. The responsibilities in this situation for an elderly person are the same as the responsibilities under a medical durable POA for a person of any age.

What is an advanced directive?

The latter, also called an advanced health care directive, is a different type of health care planning tool. A health care directive provides specific instructions for a person's medical care after they are no longer able to make the decision themselves.

How to make it less overwhelming?

One way to make it less overwhelming is to have a detailed conversation with the principal about their wishes well ahead of their incapacity. Although law does not require such a conversation, an agent should consider consulting the principal part of their ethical responsibilities.

Can a POA have power?

An agent under a durable POA does not have any power until the principal is incapacitated. Once that happens, however, the designated individual must make health care decisions for the principal. These are often difficult decisions, such as whether a surgery should occur or which life support measures to take. This can be very overwhelming, particularly if the powers granted to someone are broad.

What does an attorney in fact do?

Attorneys-in-fact act in their capacity under a power of attorney only as agents or representatives of the principal. They do not act for their own benefit under a power of attorney or make decisions that involve their own assets and finances.

What are fiduciary duties?

If an attorney-in-fact breaches any of these fiduciary duties, he or she can be personally liable for any monetary damages that result and, depending on the circumstances, could face criminal charges for fraud. Some examples of a breach of fiduciary duty include: 1 Refinancing the mortgage on the principal's house but failing to shop around to get a competitive interest rate (a court may require the attorney-in-fact to pay the extra interest expense incurred by the principal). 2 Engaging the attorney-in-fact's brother to be the principal's investment advisor and agreeing to pay inflated management fees for the brother's services (a court may require the attorney-in-fact to repay excessive fees) 3 Opening credit cards in the principal's name and using them to charge personal expenses (a court may require the attorney-in-fact to repay all principal and interest owed on the accounts) 4 Violating an explicit prohibition in the power of attorney against changing the beneficiary of the principal's life insurance policies by making the attorney-in-fact a policy beneficiary (a court would require the attorney-in-fact to repay any amount received under the policy)

Can an attorney in fact be personally liable for a principal's debt?

Keep in mind that a person acting as an attorney-in-fact can be personally liable for a principal's debts if the attorney-in-fact has agreed to create that obligation in another legal capacity. For example, a son or daughter who is an attorney-in-fact for an elderly parent might agree to be a coborrower or cosigner with ...

What is POA in elder law?

A reputable elder law attorney can discuss your desires and concerns and devise POA documents that clearly explain the extent of powers you want your agent (s) to have and any limitations they must abide by. ...

How to file a POA?

What a Financial POA Can Do: 1 Access the principal’s financial accounts to pay for health care, housing needs and other bills. 2 File taxes on behalf of the principal. 3 Make investment decisions on behalf of the principal. 4 Collect the principal’s debts. 5 Manage the principal’s property. 6 Apply for public benefits for the principal, such as Medicaid, veterans benefits, etc.

Why is POA important?

According to geriatric care manager and certified elder law attorney, Buckley Anne Kuhn-Fricker, JD, this provision is important because it gives a principal the flexibility to decide how involved they want their agent to be while they are still in possession of their faculties. For example, a financial agent could handle the day-to-day tasks of paying bills and buying food, while the principal continues to make their own investment and major purchasing decisions.

What is POA document?

POA documents allow a person (the principal) to decide in advance whom they trust and want to act on their behalf should they become incapable of making decisions for themselves. The person who acts on behalf of the principal is called the agent. From there, it is important to distinguish between the two main types of POA: medical and financial. ...

What is a POA in medical terms?

A medical POA (also known as health care POA) gives a trustworthy friend or family member (the agent) the ability to make decisions about the care the principal receives if they are incapacitated. A financial POA gives an agent the ability to make financial decisions on behalf of the principal. It is common to appoint one person to act as an agent ...

What medical care does a principal receive?

What medical care the principal receives, including hospital care, surgery, psychiatric treatment, home health care , etc. (These choices are dependent on the financial means of the principal and the approval of their financial agent.) Which doctors and care providers the principal uses. Where the principal lives.

What is the POA Act?

The Uniform POA Act. Each state has statutes that govern how power of attorney documents are written and interpreted. This can complicate matters when a principal decides what powers to give to their agent and when an agent tries to determine what actions are legally within their power.

William Ray Pelger

Normally, the agent on a POA has no personal responsibility for Principal. However, I practice in PA so you should consult with an OR attorney. Also, if there is filial responsibility in your state that could possibly lead to financial responsibility of a family member.#N#More

David L. Carrier

Agree that having a POA generally does not expose you to personal liability, but that can depend on the particular facts of the case... Also, many states have filial responsibility laws that explicitly make the kids liable for the parents' bills (Pennsylvania for example) and these laws, while usually not enforced, may be...

Lawrence A Friedman

Having POA CAN lead to personal liability for the principal's medical care such as nursing home costs in SOME cases although typically having a POA does not make the agent liable for the principal's costs. We have a few articles that provide the details on our firm's special needs website blog, linked below...

Jay Bodzin

No, having power of attorney over someone does not make you personally liable for their medical expenses. However, you could be liable if you sign to authorize her care, not as a power-of-attorney, but as a co-signer. It's important that you carefully review documents before signing them.

What is a durable power of attorney?

A durable power of attorney form appoints someone to make health care decisions for you. However, it does not eliminate the need for a living will or other advance directives. If you do not have a power of attorney, an advance directive will instruct your physician as to the degree of care that you desire. If you do have a power of attorney, an ...

How long is a power of attorney valid?

The health care power of attorney is only valid during your lifetime or until you revoke it . As long as you remain competent you can ...

What is a power of attorney?

A financial power of attorney appoints an agent to handle financial affairs. A health care power of attorney appoint s an agent to make important decisions about medical treatment. As the other attorneys have correctly stated, a power of attorney has no legal effect after the person who made the power of attorney dies. As to funeral costs, the first $3500 in funeral costs have a higher priority than most other...

Does a funeral home have priority?

In most states the funeral home has priority as a creditor and the debt is against the deceased' s estate.

Does a power of attorney end at death?

The power of attorney ceases at the time of death . The general rule, you'll have to confirm this with a NC attorney, is that the estate is responsible for funeral costs, to the extent assets are available. As well, those funeral costs generally have priority over other creditor claims...

Legal Capacity of An Attorney-In-Fact

• Attorneys-in-fact act in their capacity under a power of attorneyonly as agents or representatives of the principal. They do not act for their own benefit under a power of attorney or make decisions that involve their own assets and finances. For example, if the attorney-in-fact for an elderly principal suffering from dementia makes monthly mortgage payments for the principal's house f…

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Breach of Fiduciary Duty

Borrower, Cosigner, and Guarantor