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Can a nursing home pursue family members for unpaid bills?

Can a nursing home pursue family members for unpaid bills?

Summary

Nursing homes usually cannot make family members pay unpaid bills just because they are related. However, family members might have to pay if they signed a contract agreeing to take responsibility, live in a state with filial responsibility laws, are spouses, or if they manage the deceased resident’s estate.

Key Facts

  • Nursing home bills generally belong to the person who received care, not their relatives.
  • If a family member signs a contract agreeing to pay, they can be held responsible for the bills.
  • Some states have filial responsibility laws that can require adult children to pay for a parent’s care in certain cases.
  • These filial responsibility laws are rarely enforced and often don’t apply if Medicaid pays some costs.
  • Spouses may have legal responsibility for nursing home bills, depending on state law and marital property rules.
  • After a resident dies, unpaid nursing home bills become debts of the resident’s estate, not directly of the family.
  • It is important to carefully read nursing home admission documents and understand the financial obligations before signing.
  • Acting under power of attorney means managing care decisions, but does not automatically mean paying the bills personally.
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