Elder Law Answers
Can I Make Gifts If I Am an Agent Under a Power of Attorney?
I am an agent under my mom's power of attorney. Do I have the power to gift money in her place?
Read moreDoes Bankruptcy Disqualify Someone From Serving As an Agent Under a Power of Attorney?
- October 2nd, 2014
Q
Does having gone through bankruptcy disqualify someone from serving as an an agent under a durable power of attorney?
A
Not technically. The durable power of attorney law says nothing about the qualifications of the person appointed (called the "agent" or the "attorney in fact"). On the other hand, the grantor of a power of attorney will want to be sure her agent is financially responsible.
For more on the durable power of attorney, click here.
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Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
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