As the Attorney-in-Fact Must I Contact Creditors About the Failing Health and Finances of the Maker of the Power of Attorney?

There is no legal requirement that an attorney-in-fact must take active steps to notify creditors regarding the personal or financial situations of the maker of the Power of Attorney document in advance.

However, if the attorney-in-fact wishes to contact creditors explaining his or her position as the holder of the power of attorney and the principal’s medical or financial condition, the attorney-in-fact may certainly do so.

But again, there is no legal requirement to make such contact. The attorney-in-fact can simply reply to requests from creditors as they are received, providing the situational information at that time.

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