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Is an Agent Named in a Durable Power of Attorney Legally Responsible for the Debts of a Principal? An agent named in a durable power of attorney is generally not responsible for the debt of the principal unless they are a party to the debt or have acted outside the scope of their authority.
Requirements for a Power of Attorney The power of attorney must be signed by the principal or by another adult in the principal's presence and under the direction of the principal. The power of attorney is signed and acknowledged before a notary public or is signed by two witnesses.
One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agent's activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
The specific requirements and restrictions for PoA forms will vary in each state; however, in South Carolina, your Power of Attorney will require notarization and the signatures of two witnesses. If your agent will manage real estate transactions, the Power of Attorney must be notarized and recorded with your county.
Power of Attorney in a Marriage Many people assume that a spouse automatically has these rights. But this isn't always the case. You and your spouse may have a joint checking account, but you and your spouse may be limited in the decisions that can be made relative to that account.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
Steps for Making a Financial Power of Attorney in South Carolina Create the POA Using Software or an Attorney. ... Sign the POA in the Presence of Two Witnesses and Get It Notarized. ... File a Copy With the Land Records Office. ... Store the Original POA in a Safe Place. ... Give a Copy to Your Agent or Attorney-in-Fact.
While you aren't financial liable, as the attorney-in-fact, you're still the point of contact for the principal's debts. Creditors have a right to attempt to collect the funds that are owed. They don't, however, have a right to harass you.