Power of Attorney Responsibilities

My brother, who was incarcerated, asked me to be his POA. He is now out on parole and is still asking me to do things on his behalf. As POA am I a target if anything goes wrong? For example, bad business dealings on his part. I am helping him somewhat financially and do not want to be part of any bad dealings.

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September 14, 20150 found this helpful

That is an excellent question, Crystal, and good for you being mindful of potential (negative) repurcussions!

Does your city have a lawyer referral service? It's usually a way for newly-minted attorneys to get clients, but in so doing they offer 1/2 hour free consultation. There's no obligation on your part, although it might not hurt to have spoken with someone should the need arise down the road, but it is an opportunity to find out just where you stand regarding your brother's POA. You might also consider inquiring at your bank?

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September 14, 20150 found this helpful

I agree with Crystal! I fear you could be liable, but check with an attorney to protect yourself. Also, ask if you could be held accountable by the parole authority as well as law enforcement or any people who think he may have wronged them.

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In the worst case, ignorance will be no excuse. Unscrupulous U.S. attorneys have been known to have innocent people convicted on conspiracy charges. The rules are, if you DID know, if you COULD HAVE known, or if you SHOULD HAVE known about a crime, you'll be found guilty. Also, a conspiracy doesn't have to be two or more; they can make it be one person.

I'm not trying to scare you, but my family has been caught in that situation.

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September 15, 20150 found this helpful

Personally - I believe it may be time for you to remove yourself from being his POA. A POA is usually (but not always) used when the person cannot do these things for themselves.

Think about it - would you do whatever he is asking you to do if you were doing it for yourself? Because: - that is what you will have to answer to. Ignorance is never a reason/excuse when it comes to legal problems.

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Why not help him with whatever you feel comfortable with and leave the rest to him?

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