Liability of an Agent with Power of Attorney

[jkq]

My question involves a power of attorney in the state of: California

I am the agent for a general durable power of attorney for my 89 year old step father. He is competent and making his own decisions.

His caretakers look after him 24 hours a day, 7 days a week in his own home. The caretakers are not from an agency. They are friends and acquaintances. He pays their wages with his personal checks.

He has not registered with the Employment Development Department of California as a household employer to comply with California payroll tax laws.

If I cannot persuade him to register with the Employment Development Department of California as a household employer to comply with California payroll tax laws, what are my liabilities?

[aaron]

Why would you believe that you have any liability for what a person of sound mind decides he does or does not want to do, independent of your role as holder of his power of attorney. Are we to speculate that you're managing his money and paying the employees?

[jkq]

Aaron, thank you for your reply.

Yes, I have helped to manage his money by transferring money from his savings account to his checking account. However, he is paying the employees himself by writing checks from this checking account.

I have a joint savings account and a joint checking account with him in another bank. However, he has not written any checks from that checking account to pay the employees.

I did introduce him to one woman who became one of his several caretakers. I did not hire her. He did.

Judging from your reply, it seems as though it is quite obvious to you that I would not have any liability for his actions based upon my initial post.

I apologize if it seemed like a silly question to ask. But as I thought about the situation I became more worried. I was afraid I had put myself in a situation where I had responsibility and liability but had no control to do things the legal and right way.

Thanks again Aaron for your reply. You have relieved my anxiety over this situation.

[Mr. Knowitall]

At any time your actions as attorney-in-fact make you uncomfortable, you can quit. I don't know whether a threat to quit will inspire your stepfather to comply with state and federal tax law, but that seems like the card you have to play. Meanwhile, don't let him involve you in his dubious transactions or, if he wants you to help or take over, insist that you are going to do so in a completely legal manner.

[jkq]

Mr. Knowitall, thank you for your good advice. I am considering the suggestion you have made about quitting. I will not let him involve me in any dubious transactions. Anything that I do will be in a completely legal manner. Thanks again for your reply.