Liability as Power of Attorney in basement problem

[gtjnkat]

My wife is durable Power of Attorney for her elderly father. She helped him sell his home 2 years ago, and now finds her name on a lawsuit against him for basement problems. The complaint names her because she signed the property condition report as POA for her father. As POA can she legally be named on the complaint, therefore making her liable for the apparent basement problems encountered by the new owners?

 

[seniorjudge]

Q: As POA can she legally be named on the complaint, therefore making her liable for the apparent basement problems encountered by the new owners?

A: You have two questions. Yes, she can be legally named on the complaint. So can the paperboy, the old lady who lives next door, and Santa Claus. Next, whether she is liable is up to the court.

The general rule is that the POA is not liable for stuff like this; if the plaintiff (people who are suing you) wants to prove she is liable, then they will have to prove that she new about the problems beforehand and intentionally hid them from the buyer.