Elder Law
My husband recently went into the hospital. He only has Medicare...We live with my mother because she is old and blind. My name is on all her investments and property! Can the hospital take her money, if we cannot pay promptly?
1 Answer from Attorneys
Re: Elder Law
Most hospitals will work out a payment plan with you for the balance remaining after Medicare. Because what remains is often a significant balance, most people carry additional insurance policies to help with this ("medi-gap" policies). Oregon has a law that requires a spouse to pay for the medical care if the patient spouse is unable to pay.
Because your name is on your mother's property, this property will be considered your property, not just hers. This means that if you do not work out a payment plan and you get sued by the hospital, the creditor could look to all property in your name to satisfy their judgment.
This is a prime reason why I advise elders not to put their children's names on anything. Use a will or trust instead, and the child will obtain the property after the elder's death. Prior to that the child's creditors have no rights in the elder's property.
Related Questions & Answers
-
Power of attorney with disability planning My 83 year old mother has a ''power of... Asked 3/12/08, 10:13 pm in United States Oregon Elder Law
-
Power of Attorney My stepdad just notified me that the individual assigned his power... Asked 11/14/07, 6:47 pm in United States Oregon Elder Law
-
Mental competence in the elderly my father in law is the victim of a scam he has... Asked 9/16/07, 11:35 am in United States Oregon Elder Law
-
94 Year Old Grandmother in Care Facility My parents have Power of Attorney for my... Asked 4/20/07, 1:25 pm in United States Oregon Elder Law
-
Death and Contracts Upon death of an individual, are the contracts they have entered... Asked 8/01/06, 1:57 pm in United States Oregon Elder Law