Hey Kids
Because of my Dementia, I have recently signed over Power of Attorney to my wife.
Because my SSDI has not yet started (and am not working), I have fallen behind on my debts, so my question is: Can collectors go after her, even though she did not incur the debts?
Thanks
Quasi
Oh, SHIT!
Y’all think I’m asking for money, dontcha, just because that one time I asked for someone to pay for my membership (which I plan to pay back/forward ASAP)?
NOOOOOOOOOOOOOOO!:eek:
We’re good right now! I just needed that one question answered or a link provided for Og’s sake!
Jesus! Y’all know me better than that (if you thought that, I mean!)
If I were desprit;), I’d let y’all know. Or take some pizen, and do away with myself! 
No. Just trying to keep things “legal”, and not make my wife a “victim” of my debts!
Thanks
Quasi
In general, no. An agent (which is what the holder of a power of attorney is) does not become responsible for the pre-agency relationship debts of the principal. However, there are two potential trouble spots that I see here. First, she is not merely an agent of yours, she is your wife, and this requires its own separate line of analysis. Second, you may (or may not, I don’t know Georgia law) need a special type of power attorney called a “durable power of attorney” to achieve your legal objectives. Additionally, if there has been a diagnosis of dementia, you may not be able to grant a power of attorney.
However, instead of relying on some message board first impressions, I recommend getting in contact with your local office of the Georgia Legal Services Program as well as contacting Georgia Division of Aging Services Elderly Legal Assistance Program (although you need to be 60 to qualify, they may be able to advise you informally or perhaps even qualify you for the program on other grounds–it can’t hurt to ask).
Well a power of attorney of itself doesn’t confer liability - it makes your wife, basically like an agent with the authority to take action in relation to, in this case your finances.
However, totally independent of that your wife may be liable for some of your debts, its a very complicated question that can vary a lot state by state – tried to look some stuff up for Georgia but I took 1/2 my Bar exam today and my brain is fried.
Sorry.
Someone with a POA acts as your agent, and the usual agency laws apply. The result is that they are generally not liable for acts they take on your behalf, but it may be necessary to make it clear that they are acting for you and not themselves. Their main liability is to you, as they have a responsibility to act in your interests.
Thank you very much, and thanks for the links!
I gave her POA before the EOAD diagnosis was made, but I knew I was headed that way, and she knew it before we re-married!
She’s a wonderful person, and I don’t want to saddle her with my debts when I finally go BOOGA-BOOGA.:smack:
We’ll check out the Georgia laws.
Thanks again!
Q