- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
OT Lawyers Power of Attorney question.
Posted on 7/29/16 at 1:47 pm
Posted on 7/29/16 at 1:47 pm
My brother and I are POA over my dad (mother passed dementia). Dad has some health issues but mind is sound.
Wife has now got it in her head I need to be off of power of attorney in case he theoretically incurs any debt I will be liable despite not signing anything (cosign).
Please save me a lawyer fee trying to straighten this out with her.
Thanks
Wife has now got it in her head I need to be off of power of attorney in case he theoretically incurs any debt I will be liable despite not signing anything (cosign).
Please save me a lawyer fee trying to straighten this out with her.
Thanks
12
Posted on 7/29/16 at 1:49 pm to thejudge
I'm no lawyer but my advice to you is to tell your wife to shut the frick up.
Posted on 7/29/16 at 1:50 pm to thejudge
You need to tell your selfish wife to muzzle it and take care of your father in the best manner possible. You don't need a lawyer for that...only testicles.
Posted on 7/29/16 at 1:50 pm to terd ferguson
quote:
I'm no lawyer but my advice to you is to tell your wife to shut the frick up.
So many issues in this world could be solved by this simple step
Posted on 7/29/16 at 1:51 pm to thejudge
quote:
Wife has now got it in her head I need to be off of power of attorney in case he theoretically incurs any debt I will be liable despite not signing anything (cosign).
Your wife is so dumb.
Posted on 7/29/16 at 1:52 pm to thejudge
As his attorney in fact, or agent, you would have no personal responsibility for any debts or liabilities that he may incur, even if you sign for him.... you are only acting as his agent
Posted on 7/29/16 at 1:55 pm to Broke
quote:
Your wife is so dumb.
Yeah, great advice. This only applies to every single husband on the entire planet.
Posted on 7/29/16 at 1:56 pm to thejudge
And you call yourself thejudge. Shameful.
Posted on 7/29/16 at 2:03 pm to thejudge
You're not liable for any of his debts just for being his mandatary.
Posted on 7/29/16 at 4:02 pm to mr. penguin
quote:
You're not liable for any of his debts just for being his mandatary.
That's not entirely true.
As long as you clearly establish that you're the mandate and that any contracts which might be entered into are on behalf of your father as the principal, then you should not incur liability.
See La. C.C. art. 3017.
Posted on 7/29/16 at 4:10 pm to thejudge
She's thinking of interdiction, where you are his curator, and responsible for his torts. However, if he was interdicted he lacks capacity to contract, so no debts. POAs don't work like that.
Posted on 7/29/16 at 4:13 pm to thejudge
Posted on 7/29/16 at 4:19 pm to thejudge
Your wife sounds greedy.
Posted on 7/29/16 at 4:24 pm to thejudge
Your and your brother's POA agency expires at your father's death. His will, should he have one, should address all the assets and debts relevant to his estate. Without a will the descent and distribution laws of LA will dictate.
Posted on 7/29/16 at 4:29 pm to thejudge
As your fathers attorney-in-fact and mandatary, you are personally liable for all debts incurred from the date he granted you such power.
Because Louisiana is a community property state, your wife is liable for the same debts jointly and in solido.
Tell her all of this ^ and report back. I just want to see her reaction.
Because Louisiana is a community property state, your wife is liable for the same debts jointly and in solido.
Tell her all of this ^ and report back. I just want to see her reaction.
Posted on 7/29/16 at 4:30 pm to BigAppleTiger
quote:
You need to tell your selfish wife
Lol she's not selfish. She's pretty awesome actually. Just nervous that my father's financial knowledge deficiency would not come back to us. She stays at home and I've had quite a few medical issues(almost death) and we aren't shitting money and couldn't afford a financial catastrophe. She's doing her diligence after a questionable financial transaction we thought my father undertook popped up.
All is well and he didn't but it made us cautious.
Posted on 7/29/16 at 5:09 pm to Womski
quote:
As your fathers attorney-in-fact and mandatary, you are personally liable for all debts incurred from the date he granted you such power.
Because Louisiana is a community property state, your wife is liable for the same debts jointly and in solido.
Tell her all of this ^ and report back. I just want to see her reaction.
Posted on 7/29/16 at 5:26 pm to thejudge
Yadda yadda kitchen. Yadda yadda sandwich. It's too hot and I'm too lazy for typing it all out.
Posted on 7/29/16 at 8:46 pm to FearTheFish
quote:
See La. C.C. art. 3017.
You cite the Civil Code like a garbage person.
Page 1 of 1
Popular
Back to top
Follow TigerDroppings for LSU Football News