QUESTION
Am I legally responsible to pay my husband's medical debt?
Asked on Dec 02nd, 2014 on Bankruptcy - Illinois
More details to this question:
My husband passed away. I am getting bills from the doctors, hospital, ambulance service for his co-payment and other non covered services. I sent them a copy of his death certificate.
2 ANSWERS
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
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Generally in Illinois one spouse is liable for emergency or non-elective medical care provided to the other. The liability is for the reasonable value of medically necessary services. It does not extend to attorney's fees, collection charges, and the like; attempts to collect such amounts from a non-signing spouse violate the Fair Debt Collection Practices Act. There is no liability if one spouse contracts for the extension of credit; federal law allows each spouse to contract for credit without involving the other. There is also no liability in the case of nursing homes; federal law (applicable if the nursing home takes Medicare or Medicaid funds for ANY patient) prohibits requiring the other spouse to be obligated.
Answered on Dec 02nd, 2014 at 6:32 PM
General Practice Attorney serving Belvidere, IL
at
Law Offices of Henry Repay
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Illinois law provides for Family Responsibility for necessities, including medical bills. So, spouses are responsible for each other's medical bills and parents are responsible for their children's medical bills while they are minors.
Answered on Dec 02nd, 2014 at 6:31 PM