Legal Question in Credit and Debt Law in New York

Re: medical liability/adult child

My condolences on your loss.

While this is a complicated question, the short answer is that NO - they cannot collect from you because she was over 18 and also because there are special regulations on collections of medical bills.

The 'red alerts' that you may have a problem are: did you sign any documents promising to be financially responsible for her care and does you insurance make you personally liable for such non-covered expenses.

My guess is 'no', to both alerts.

Re: medical liability/adult child

You should send a letter back IN WRITING demanding "verification" of the debt. It may not help, because most creditors are too disorganized. But in theory, they should provide you with copies of anything they think you have signed which makes you personally liable. The Fair Debt Collection Practices Act has this strange provision which allows you to demand verification of the debt. However, there are no real consequences either way. Some will tell you that they are entitled to assume the debt is valid if you do not dispute it within 30 days. Although the law says that, their personal assumption means nothing at all, so it is meaningless. They still have to prove it in court to collect. So don't be fooled.

Also of course check to see that it is actually addressed to you, not to your daughter at your address. (This is the age of computers, of course, not common sense.)

Re: medical liability/adult child

You cannot be held responsible for the debts of your now deceased 22 year old daughter; however, whatever estate she may have left (if any) would be.