QUESTION
Am I responsible for bills related to my father's medical care if he is deceased?
Asked on Apr 08th, 2014 on Estate Planning - Michigan
More details to this question:
My father passed away in December of 2013. Statements have been trickling in, addressed to him, and I am wondering if I am obligated to pay them. I did have a POA before he passed away to help deal with his medical and bank affairs while he was ill but I am not sure how that falls in to place after his death. He had no assets, no real estate and no savings. He had been living off social security only.
15 ANSWERS
2 Awards
POA has no effect after the principal's death. You are personally not responsible for paying the debts of the decedent unless you have somehow assumed the responsibility of paying for your father's medical bills. If you have not signed any document where you assume the responsibility and it is not a joint debt, you should have no personal responsibility for paying it. However, I would consult with a probate attorney in your area for further guidance specific to your case.
Answered on Apr 10th, 2014 at 7:17 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Do not pay any bill of your father, as he is/was the only person responsible, and do not let anyone tell you otherwise, or try to guilt you.
Answered on Apr 10th, 2014 at 7:16 AM
You are not responsible.
Answered on Apr 09th, 2014 at 3:14 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The bills are the estate's responsibility. Since there is no estate, they don't get paid. However, in order to keep people from bugging you, you might want to send each of them a letter with a copy (not certified) of the death certificate and an explanation that your father had no assets.
Answered on Apr 09th, 2014 at 3:13 PM
Thomas Edward Gates
Your POA is no longer of use. You are not responsible for your dad's bills, his estate is. Because he had no assets, his estate is insolvent and would not be probated. Just send the bills back with deceased marked on the envelop.
Answered on Apr 09th, 2014 at 3:13 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The only way that you would be responsible for any of your father's debts is if you agreed to be. If you did not sign any documents making you the "responsible party," then you should notify the creditors that your father has passed and there is no estate. The debts will be written off. If the creditors or their collection agencies are harassing you, you should retain an attorney. This should not cost you much. Once the creditors have been notified that you have an attorney, it is against the law for them to contact you at all. They must contact only the attorney.
Answered on Apr 09th, 2014 at 3:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally would not be liable for his medical expenses, either while he was alive or after his death. All of his obligations would be payable through his estate which, according to the factual provided, does not exist. You would be wise to spend an hour with an attorney to confirm these things and get a firm opinion.
Answered on Apr 09th, 2014 at 3:13 PM
2 Awards
If he has no estate, the bills will not get paid. You are not personally responsible for them. Contact the companies or doctors sending the bills, tell them your father has died and has no estate, and they should stop coming (eventually).
Answered on Apr 09th, 2014 at 3:12 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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You have no personal liability for these debts. Tell the people sending the bills that your father had no assets.
Answered on Apr 09th, 2014 at 3:12 PM
You are not personally liable. If his estate had any funds, they would need to be used to pay his bills.
Answered on Apr 09th, 2014 at 3:12 PM
You aren't personally responsible for your late father's debts. However, someone needs to settle his estate which includes all of his debts as well as any assets he might have had. Your POA is no longer effective. Someone needs to serve as executor of the estate, notify the creditors and pay off as many debts as possible, file the final tax reports, and distribute any remaining personal possessions.
Answered on Apr 09th, 2014 at 3:11 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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No. His estate is obligated to pay, and you say his estate has nothing. Just inform any bill collectors that he passed away with no assets, there will be no probate.
Answered on Apr 09th, 2014 at 3:11 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Provided you signed nothing that could be a guarantee of his medical expenses you have no obligation to pay any charges associated with his last illness or residence. These debts are the obligation of his estate. If you received any distribution of his assets after his death you would be responsible up to the value of the distribution. That is because the estate must pay creditors before any distribution. Your actions as POA do not make you responsible, anything you signed as POA is in your capacity as an agent for your father and not an individual undertaking.
Answered on Apr 09th, 2014 at 3:10 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You are not responsible unless you personally guaranteed the debts. Write deceased with no assets on the invoices and send them back (keep copies)
Answered on Apr 09th, 2014 at 3:10 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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Unless you signed something to be personally responsible, the POA does not make you responsible for your father's debt.
Answered on Apr 09th, 2014 at 3:10 PM