Legal Question in Elder Law in Texas

My Grandmother went into a Rehabilitation center, her husband left her. Her oldest son is bankrupt / unemployed and living in Canada, Her youngest son is dying of liver failure and on disability. I was appointed her medical / legal power of attorney many years ago, by her choice. Now the Rehabilitation center is asking me to pay a debt that I can not pay, nor do I feel I am responsible for. What can I do legally to get the rest of her family, her estranged husband, and or her sons to help with this debt?


Asked on 11/08/10, 12:57 pm

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

unless you signed as guarantor or responisble party, you nor anyone is obligated. I presume your grandmother is on medicaid..and the medical providers cannot charge more than that...

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Answered on 11/13/10, 6:16 pm
Fran Brochstein Attorney & Mediator

I agree with the other attorney, you are not personally responsible for paying her bills unless you agreed to pay the debt.

Her children are not responsible for her debts either.

Her spouse, however, might be responsible for her debts.

You probably need to think about hiring an attorney to assist you with your grandmother's problems. You might need to consult with an attorney that specializes with the elderly. You might consider an "elder" law attorney or a "probate" attorney.

I'm sorry for what you are going through. I've been dealing with my aging parents for over 15 years and it is a complex and frightening journey. Depending on where you are located, I might be able to give you some more information. You can email me directly at [email protected]

You did not ask this but ... when she dies, if this debt is still owed, this debt will become a part of her estate. However, it will not be be a "priority" debt.

If your grandmother does not have a will, I would encourage you to have her meet with an attorney and sign a will as soon as possible, if she is still mentally able to do so. Probate is much easier and cheaper in Texas if a person dies with a will.

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Answered on 11/15/10, 4:22 pm


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