I took a lady in my home in December of 2010 when we were both Ill with the same disease, We both were in a financial crisis at the time and she was getting out of a 18 year marraiage and I had helped her with her finances with a Durable Power of Attorney that she signed before I would agree to help her. She had added me on her credit cards in return to help me with my medical care in return for helping her. I had to throw her out of my house because i found out that she ended just being a drug seeker and actually wasnt as sick as i thought. I am now mixed with debt in her name with her, and she is now claiming it was fraud once she found out that I figured out she was a drug user and was using me. What can I do? I took care of this lady for almost 7 months thinking she was actually completely sick and turned out to be that she was looking for drugs and let me use her credit cards for my health in return i was taking care of her, but did not find out of the drug addiction problem till then.
Country relating to Question: United States
State (if USA): Florida
Hello and welcome,I am sorry to hear of your difficult situation and would be happy to provide an answer for you.On what basis is she seeking payment from you, or is the credit card company the one seeking payment?Is she alleging that you breached your fiduciary obligation to her while having POA over her affairs or something else?Has a suit been filed?What result would you like to achieve here.Thank you in advance for the additional information. I look forward to hearing from you.Tina41092.8203681366
Relist: Answer quality.
Hello again,I'm not sure why you relisted the question based on answer qualty since you have not received an answer yet. Perhaps there is some confusion here. I was waiting to hear from you with regard to the following questions I asked. I would like the additional information so I can better answer your question.On what basis is she seeking payment from you, or is the credit card company the one seeking payment?Is she alleging that you breached your fiduciary obligation to her while having POA over her affairs or something else?Has a suit been filed?What result would you like to achieve here?Thank you.
My apologises. Just Answer would not even let me respond the last time. She has not been straight foward on payment terms or even returning my calls now, I got a call from one of the credit card companies that she is reporting it as fraud. I was told to contact her attorney in reference to the matter, who i did contact and have no received a returned call. No Suit has been filed. I just dont know what direction to go or what to pay back or what I should do. She has not alleged that I know that i have breached the POA that I know of yet. I only was doing what she asked me and told me I could do. She wanted to help build my credit back up and help me at the time being with my financial status because I did not have health insurance at that time, and added me to be a Authorized user on the cards to use. What finanical obligations do I have to pay back to this? I dont mind paying my portion back but dont know LEGALLY what i should do or even how to work it out. Ever since I found out she was just going doctor to doctor get get stuff from being high off of opies, now she is claiming that I opened accounts as fraud when she was the one telling me to do so. Im just stuck and lost.
I'm sorry you are having difficulties. This is not something I can assist you with through this forum unfortunately so I will have to opt out in favor of other attorneys, who may assist you.
Please do not respond to this message as it will send this question back to me. Thanks and good luck.
Relist: Incomplete answer.
Good afternoon,I'm sorry to hear of the situation.I'm not sure that you have a problem of any kind here. An Authorized User of a credit card does not have civil liability for charges that they make on the card, and the lender can not sue the Authorized User for the debt. At most, if you had an agreement with the other person to pay back the amount of the charges that she authorized you to make on her credit cards---then you can be obligated to do that. But you would not have an obligation to pay the credit card company anything.If she is now claiming that accounts that she directed you to open, she must prove that before she may seek to recover funds that were spent. Presuming that these other accounts were opened in her name and she benefited from the charges to these accounts, she would not be able to show fraud.The fact that you took her into your home, and provided for her will serve to show that in return she allowed you to make charges for your medical treatment on her credit cards---this is not fraud, but rather a contract with consideration given by both parties.You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation, and I trust you agree that it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.I wish you the best in 2012,Doug
Doug, They are now contacting me to contact her attorney in this matter. With me having the Durable Power of Attorney at that time. By law I was able to open the accounts for her, correct or not?
Good evening,A power of attorney gives you the legal right to open an account in the name of the person you represent so long as it is for the benefit of that person. Unless you are given specific authority to open an account specifically for your primary benefit, you are not permitted to do that as a agent with a Power of Attorney.I presume that she gave you authority to open these other accounts and that you did not do so without her knowledge and permission.In terms of dealing with the credit card company who called you to report that she is now claiming that you opened it fraudulently, all you need do is deny that and tell them that their recourse is against her---because she had knowledge and authorized you to open the account. There really is not need for you to deal with her attorney. The credit card bill is hes if you are only an Authorized User, and nothing her attorney might say would change that.Of course you were legally entitled to open accounts for her and in her name---that was the reason for providing you with the Power of Attorney.You may reply back to me again, using the Reply to Expert link, if you have additional questions.Would you please rate me highly now, based on my assistance to you in understanding the law.I wish you the best in 2012,Doug
I am a practicing attorney with more than 27 years of experience in the legal field.
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