Understanding the Power of Attorney: Can I File a Bankruptcy for That Person?
Bankruptcy is a legal status that involves a person or business that cannot repay the debts they owe to creditors. In many jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor. But what if that debtor is not physically or mentally capable of initiating the process? This is where the role of a Power of Attorney (POA) comes into play.
Who Can File A Bankruptcy?
The Bankruptcy and Insolvency Act includes legal representatives of an individual in the definition of “person”. This means, a bankruptcy can be filed by a “person” or by an executor for a deceased person.
Understanding Power of Attorney
A Power of Attorney is a legal document that gives one person (the agent or attorney-in-fact) the power to act for another person (the principal). The agent can have broad legal authority or limited authority to make decisions about the principal’s property, finances, or medical care.
Power of Attorney and Bankruptcy
So, can a Power of Attorney file bankruptcy for that person? The answer will depend on the wording of the Power Of Attorney document. If the POA is worded such that you are appointed as the legal representative with the Powers to govern these financial affairs, then yes, you can file for bankruptcy on behalf of that person.
Reviewing the Power of Attorney
If you are unsure about your powers as a POA, it’s recommended that you send a copy of the Power of Attorney to a Trustee for review. They can advise you on whether your appointment as the “person” according to the Bankruptcy Act affirms you the power to file bankruptcy.
Applying to the Bankruptcy Court
If there is still doubt, you can make an application before a Bankruptcy Court to affirm your appointment as the “person” according to the Bankruptcy Act. This will give you the legal standing to file bankruptcy on behalf of the person you are representing.
Contacting a Trustee
Trustees are trained professionals who can provide you with advice and support regarding bankruptcy matters. You can reach out to them for further discussions regarding your role as a POA in filing bankruptcy.
Conclusion
In conclusion, a Power of Attorney can file a bankruptcy for that person, provided they are appointed as the legal representative with the powers to manage financial affairs. It’s always best to consult with a trustee or legal professional to ensure you understand your rights and responsibilities as a POA.
