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questions about being the power of attorney for dad while in chapter 13

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    questions about being the power of attorney for dad while in chapter 13

    I'm an asset case and am 8 months into a 13 for those who haven't seen my few posts.
    Payback 100%.

    My dad is 84 and really starting to show he will need help soon.

    I have alot of questions about where to start with this but the first one is if he gives me poa
    how would it affect my 13 and can he even do it because I am in a 13?

    If he did would the court have access to his money? He doesn't have much and is on ss so I want to make sure my problems don't affect him.

    Thanks for your help.
    Last edited by AngelinaCat; 12-03-2013, 11:02 PM. Reason: post corrected paragraphicaly to make better sense

    #2
    Him giving you POA should not affect your BK assuming you do not receive compensation for your services. A poa will give you authority to handle his assets on his behalf. You will have no right to his assets for your personal use. Therefore, the trustee will have no right to his assets. It may be a good idea to make sure the poa does not give you power to make gifts to yourself. That's one thing I can think of that might cause a problem (but it might not).

    Do let your attorney know if you are named in a poa. It never hurts to keep your attorney informed or to confirm answers you get here.
    Last edited by LadyInTheRed; 12-03-2013, 09:07 AM.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment


      #3
      As Lady indicates, this should not be a problem. Just don't commingle his money/assets with yours and you will be fine.

      Des.

      Comment

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