power of attorney liability

What is the name of your state? new york

I have a brother who has slight mental retardation. My mother and siblings just found out that he has not paid his car insurance since 2000 and is basically just paying his rent and spending the rest of his money on drinking. He holds down a full time job for the last 17 years. We have now informed him that we are going to take over his money and help him learn how to do these things since our parents babied him from day one. He is a very stubborn person but has agreed because he knows that we will cut him off completely. I do not want my name to go on his bank accounts however I need full control to take care of things and make sure he walks the straight and narrow. Should I become power of attorney and if so am I responsible for any debts or bounced checks he could possibly write? He is single however I am married with two children of my own.

[ALawyer]

It's great that you want to help your brother.

The person holding power of attorney normally should not be held liable for the misdeeds of the principal who gave him power of attorney, but if he has written a check cleaning out the account, and then your check bounces, you could have a problem. Further, there is little that would protect you from having to defend even a frivilous lawsuit if someone should decide to sue both of you.