Who Is Resonsible For This Credit Card Debt?

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kathleeng

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My parents had a Discover Card account for many years. After retiring and moving near me, my father added me as an authorized user so that I could shop for him. He had lost a leg and it was hard for him to get around. My mother was also losing her eyesight, so this arrangement continued for her benefit after the death of my father.

Several months ago my mother became ill and I could not take care of her any longer. She entered a nursing home. The next thing I knew, my brother persuaded her to move out of state and enter a nursing home close to him. Before I knew what was happening, she was gone. I called Discover to make a payment for her and found out the account had been closed. Discover told me that, many years before, my brother had added himself to the account by sending in copies of his Power of Attorney he had with my mother. He had taken it upon himself to close the account without my mother's knowledge or permission.

I told him that since he was taking over her finances that he would now have to make the payments from her new bank account. He closed her old checking account as well. He told me that all of her Social Security and pension income would now be used to pay for her new nursing home. In fact, until her Veteran's Benefits came through, he would be contributing money to the nursing home also. He told me that he expected me to pay her Discover Card payments, and when her Veteran's Benefits begin, she would have about $75 a month left over to pay me back.

Am I legally obligated for paying off my mother's Discover Card debt? If I am obligated, isn't he obligated also, considering that he added himself to the account? I don't know the legal ramifications, but would like to be prepared as I know this is going to come to a head very soon.

I live in Florida. I took care of my mother for 7 years, 5 of which were while living in Florida. We had moved to Pennsylvania for 2 years, but had lived in Florida together for the last 4 years. My brother, and now my mother, live in Pennsylvania. My mother won't be of much help in settling this matter. She will pretty much side with my brother regardless of the facts. She is also at a stage in her life where she just wants to be taken care of, which I believe was part of the attraction of moving close to my brother. He has no family and can focus all of his attention on her.

I would greatly appreciate anything anyone can tell me about this matter. Thank you!
 
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I don't know what you signed. That's the document that will explain the liability to you. If you're not listed on the account then you are not personally responsible. You seem to have been just managing her affairs by "sending the check." With power of attorney, it doesn't necessarily mean you or your brother are liable for the debts either, only that you have the ability to sign for the holders of the account as if you were them. I won't go into details as to exceptions to the rule but it's as though you are stepping into the shoes of the incapacitated person and signing as them. Provided your actions are reasonable, chances are there is no personal liability.
 
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