i had power attorney when my mom was in the nursing home, when she died can the nursing home sue me to pay her remaining nursing fees ?
4 Answers from Attorneys
Power of attorney does not make you responsible for someones debts. They can make a claim against her estate, but not directly against you.
Power of attorney does not make you responsible for someone's debts. They can make a claim against her estate, but not directly against you.
Not unless you signed something to hold you responsible.
As the other attorneys responded, you are not liable for your mother's debt unless you signed a promissory note. The Power of Attorney ceases to exist with her death. If she had a will, it should be filed with the Probate Division of the County Court where she last resided. Depending on assets owned, etc., probate may need to be opened. Expenses are then paid out of the estate pursuant to Florida Probate Laws. The nursing home should be well aware of this.
If the nursing home continues to contact you, tell them that probate has not yet been opened (if that is the case). Assuming you have not signed a promissory note to pay expenses, let the nursing home that you are not liable for the expenses and continuing to harass you for payment could be in violation of Florida law.
Lastly, if you are the person responsible for handling your mother's estate (known as a Personal Representative) or if you believe you are entitled to assets left by your mother, I strongly encourage you to consult with a probate attorney.
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