In Elder Law News

Generally, the answer is “no” — however, there are some important facts to be aware of.

In A Nutshell

  • Ownership never transfers. An agent under a power of attorney acts as a fiduciary, someone who manages assets for the principal's benefit rather than their own. That authority doesn't make the agent the owner. Legally, assets stay titled to the principal.

  • Divorce. Divorce courts divide marital property. Since the principal's assets aren't the agent's property, they normally fall outside the marital estate.

  • Personal liability (accidents, debt, lawsuits). Creditors can only reach assets that belong to the debtor. Since the principal's accounts aren't legally the agent's, they're typically off-limits.

The Exceptions That Matter

  • Commingling. If the agent mixes the principal's money with their own (e.g., a shared personal account), it can become vulnerable to claims as courts untangle ownership.

  • Misappropriation. If the agent steals or misuses funds and buys assets with them, a creditor or spouse might trace and claim those specific assets — a fraud/tracing issue, not a right to reach the principal's legitimate property.

  • Joint accounts. If the principal ever added the agent as a true joint owner (not just an agent under POA), that account may genuinely be reachable.

As long as the agent keeps the principal's assets properly titled and separate from their own, an agent's personal legal troubles — divorce, accidents, debt — generally can't reach the principal's money; the risk only appears if funds get commingled or misused. No state-specific exemption exists that would override this general protection. Additionally, the agent should ensure that they sign any documents in their representative capacity, as failing to properly sign may create personal liability for the agent.

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