elder, estate law
My husbands father recently passed away while in a nursing home. There is approx a $10,000 balance left after his spend down from the sale of his home and medicaid. The nursing home is saying that my husband is responsible for the balance since he signed the paperwork when his father was admitted as his Power of Attorney. His father suffered from dementia. Can they hold my husband responsible for his father debts?
1 Answer from Attorneys
Re: elder, estate law
Not ordinarily. "Power of Attorney" means your husband has authority to act and make decisions on his father's behalf. It does not mean he is legally responsible for his father's debts. He may have knowingly or unknowingly signed a financial responsibility form which in effect guarantees payment. Some states have "filial responsibility" laws, which make children liable for the medicaid costs of their parents. NY is not one of them. Don't sign anything further, don't pay anything until you confirm your liability. Seek legal counsel. Feel free to call me - I am in Massachusetts, but my brother is an elder law attorney in Nassau County.
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