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Category: Consumer Protection Law
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Does a debt collections agency have the right to collect a

Customer Question

Does a debt collections agency have the right to collect a debt from a person had power of attorney over a person who is now deceased?
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  LawTalk replied 9 months ago.

Good afternoon Louis,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I am a GA licensed attorney.

A Power of Attorney only allows one person to act as the agent of another. The person with the Power of Attorney does not incur any personal liability for the debts that they enter into on behalf of the party they represent.

So no, a debt collection company does not have a right to collect the debt of the deceased from the person who acted as their POA while they were living. The debt collector must seek to claim the debt from the estate of the deceased.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

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I wish you and yours the best in 2016,