Legal Question in Elder Law in Oregon

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?


Asked on 4/13/08, 12:21 am

1 Answer from Attorneys

Susan Burns Law Office of Susan Ford Burns

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.

Read more
Answered on 4/14/08, 6:52 pm


Related Questions & Answers

More Elder Law questions and answers in Oregon