Full question:
What personal liability will my daughter have if I make her my power of attorney? Is there liability beyond financial liability for her? Can she be sued if my in home aid, whom she will hire as my POA is hurt while taking care of me in my home? Is she personally liable for any damages resulting from my negligence?
- Category: Power of Attorney
- Date:
- State: Illinois
Answer:
When you appoint your daughter as your power of attorney (POA), she may have certain responsibilities and potential liabilities. Generally, a POA is expected to act in your best interest and manage your affairs responsibly.
Regarding liability, your daughter could face financial liability if she mismanages your assets or acts outside her authority. However, her personal liability typically does not extend beyond financial matters unless she engages in willful misconduct or gross negligence.
If your in-home aide is injured while providing care, your daughter may not be personally liable as long as she acted reasonably and within the scope of her authority. Liability for the aide's injury may fall under your homeowner's insurance or workers' compensation, depending on the circumstances.
In summary, while your daughter has some responsibilities as your POA, her personal liability is generally limited to financial matters unless there is negligence or misconduct involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.