Final Arrangement Costs Covered By Credit Card..
Hey Folks,
Our last remaining parent was recently hospitalized and, after testing, received a serious cancer diagnosis with a short time horizon.
One of my siblings lives with them and has power of attorney. They’ve told us they plan to pre-pay funeral expenses (funeral home, service, headstone, etc.) using our parent’s credit card before they pass.
My concern is that there are no assets in the estate, so these charges would never be repaid. My understanding is that a POA can use a parent’s funds for legitimate expenses, but this seems questionable if there’s no ability to pay the debt and the parent would not consent.
So my questions are:
-Could this be considered fraud or a breach of fiduciary duty?
-Can the credit card company pursue the POA personally in this situation?
-Would a creditor realistically go after ~$20k in charges like this?
I’ve raised concerns with my sibling and the obvious morality issue, but I’m trying to understand the actual legal risks here.
I know this is twisted, but I appreciate any insight. Thanks!
Location: GA
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