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Is a child responsible for payment of a parent’s medical bills?

Tale:

John Smith’s 88-year old Mother suffered a stroke and became paralyzed on one half of her body.  The family was unable to care for her at home and decided that she would receive the best care in a skilled nursing facility.  John was given a Durable Power of Attorney by his Mother prior to the stroke.  John signed the Admission Agreement as agent for his Mother. Is John personally financially responsible to pay the nursing home bill?

Tip:

Florida does not have a filial responsibility law.  This means that a child is not financially responsible to pay for their parent’s care whether it is a hospital, home health care, assisted living or nursing home bill.

John might be personally financially responsible if:

  1. He signed a personal guaranty of payment.
  2. He fails to use the Durable Power of Attorney to access his parent’s account to pay the nursing home bill.

Although federal law prohibits a nursing facility from making admission contingent on a personal guaranty of payment, many facilities do include guaranty language in their contracts.

We want you to be an informed consumer when making a decision for yourself and/or your family. Let us use our expertise to review the Admission Agreement or, contract before you sign it to avoid signing a personal guaranty of payment.

Proper Planning May Create Peace of Mind.℠

Law Office of Stephanie L. Schneider, P.A.
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