Quote:
Originally posted by jim1408
Waco, Texas 76712
My 90 yrs old uncle wants me to have power of attorney. What would my liabilities be if had durable power of attorney. Example: If he injured someone in an auto accident-would i be liable because i didnt stop him from driving? |
My response:
No. While there are such things as "Global" Powers of Attorney, where you have complete, 100% control, over a person's life, they are relatively rare - - and usually require a court appearance for Guardianship or Conservatorship.
The common Power of Attorney normally has only certain aspects of a person's life listed that the Agent can do for the Principal; e.g., to sign checks, to withdraw money from accounts, to be able to speak for the principal when they are unable or unwilling, and other specific abilities. But, they must all be spelled out in the Power of Attorney. Any aspects not spelled out in the Power of Attorney, then you'd have no authority to act on behalf of the principal.
So, unless Driving is spelled out in the Power of Attorney, and you aren't the legal Guardian or Conservator of your Uncle, then if he drives and causes an accident, you wouldn't be on the hook. Only he and his estate would be held accountable.
However, at his age, I'd definately yank his license to drive, and make sure that his vehicles were undriveable; e.g., yank the spark plug wires, etc.
Good luck to you.
IAAL
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