Full question:
When my mother had Alzheimer's I signed an admission's agreement, but since I am not her POA the Pension Fund suspended her checks since 2006, however, my mother still gets social security and medicaid and the nursing home gets that. Could the nursing home hold me responsible for the Pension fund portion? Or should they go directly after the Pension Fund.
- Category: Debts and Credit
- Date:
- State: New York
Answer:
The answer depends on the documents you signed. If you signed as a cosigner, guarantor, or surety for the payments owed to the nursing home, you may be held responsible. Generally, children do not inherit their parents' debts unless they have a legal agreement that ties them to the debt. Review the admission agreement carefully to see if you agreed to be a responsible party.
If you did not agree to be responsible, the nursing home should pursue the Pension Fund directly for the owed amounts. Any debts of a deceased person should be settled with the estate's assets. If you inherit any pension assets, those could be used to pay the debt. However, whether the nursing home can pursue those assets while your mother is alive will depend on the specific facts and terms of the pension plan.
Remember, debts must be paid from the estate before any remaining assets are distributed to beneficiaries. If the estate has insufficient funds to cover debts, unsecured debts, like credit card debt, may go unpaid.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.