Unable to Pay Bills

Submitted by Anonymous (not verified) on Fri, 10/09/2009 - 13:15

As POA for a sibling now in assisted living and on Medicaid, I am seeking the best way to notify sibling's creditors informing them of his inability as of this date to pay his bills. Will appreciate any suggestions. Thanks in advance.

Hi Joy,

Holding a power of attorney to a principal means, you will have to act on behalf of the principal. However, it depends on the terms stated in the letter of attorney whether or not you are entitled to notify the creditor of the inability of the debtor to pay his debts. To be more precise, you can write a letter of notification only if you are authorized to carry on the financial responsibility of the principal.

Sat, 10/10/2009 - 09:18 Permalink

Hey, JOY............do you know if you have 'Unlimited POA (means you have control of everything like financial, medical, etc.)..or.. do you have 'Limited POA (means you have control of only certain things)? If you have 'Limited POA', and this does NOT include anything financial, then you may have a difficult time representing yourself on sibling's behalf. I hope my explaination is not confusing to you.

Sun, 10/11/2009 - 12:24 Permalink

I think you would really have to know what the power of atty document specifically says. I also imagine you would have to supply the collectors with a copy of that letter to verify you had the right to handle these affairs. The way all presonal info is kept private these days a creditor would have to be sure they were legally speaking with a POA. If not they may risk breaking a few laws.

Mon, 10/12/2009 - 01:19 Permalink

When I was away (overseas), my POA took care of everything. When she called up creditors, finance company, etc., she had to show them a letter that she really was POA. It was notorized, as well.

Mon, 10/12/2009 - 01:25 Permalink

SD, I never thought of the notorizing part. I guess for it to show it was valid it would have to be notorized or maybe arranged through an atty.

Mon, 10/12/2009 - 01:30 Permalink

Hi, FIREONE. yep..you're right. Having POA paperwork notorized DOES show it's a valid document. At the agency, where I work (I work with the Elderly), 'we' had the daughter, of a 'Client' all us and told us she was "responsible for all of the Medical decisions, concerning her mother." She DID bring in a document stating she was POA. However......it was not notorized, so we could not use it as a valid document.

Mon, 10/12/2009 - 01:36 Permalink