Legal Question in Wills and Trusts in Indiana

Financial Responsibility and Power of Attorney

Since my mother's death in'98 I have been receiving a bill from her nursing home.I did have power of attorney then,am I responsible for this debt?I have contacted them to ask the same question ,and come to some resolution,but have never received a response.


Asked on 2/11/02, 12:00 am

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: Financial Responsibility and Power of Attorney

If your mother was a private pay patient and there was an estate worth more than the cost of administration of her estate and her funeral, then the estate might be liable for the costs of the nursing home.

If your mother was on Medicaid at the time of her death, it is unlikely that her estate or you would be liable for any expense, unless her assets exceeded the $1,500 limit (when medicaid cuts off).

If you signed a guarantee that you would be responsible personally for your mother's bill then the nursing home will send bills.

If the estate was probated and notice was sent to the nursing home, then it cannot now bill you if no claim was made in the estate. If there was an estate, you need to consult the attorney you used about this issue.

Generally you would not be liable for the debts of your mother incurred when you signed her name under the authority of the power of attorney.

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Answered on 2/11/02, 1:44 pm


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