In general, an adult child is not responsible for the medical bills or debts of a parent unless the adult child voluntarily and knowingly agrees in writing to accept the responsibility.
Normally, if you're 18 or older, you're considered the responsible party, even if you're insured under your parents' policy, Gundling said: Generally, parents would be responsible for their adult child's debts only if they had signed an agreement with a medical provider to cover them.
In general, children are not responsible for their parents' debts. Debt is typically tied to the individual who incurred it, and creditors usually cannot pursue a child for a parent's debts after the parent passes away or if they are unable to pay. However, there are some exceptions and nuances to consider:
In the US, the elderly parents are responsible for themselves and only the parents. The children are not obligated or responsible for their parents in any way. It's a children's choice if they want to get involved with caring for elderly parents. Some cannot or will not have any involvement in elder care.
Taking control of an elderly parent's finances legally means getting power of attorney to act on their behalf. You can only create this legal document while your parent has the presence of mind and is capable of making that decision.
California is one of 30 states with a filial responsibility law on the books. California Family Code section 4400 (“FC 4400”) states that, “Except as otherwise provided by law, an adult child shall, to the extent of the adult child's ability, support a parent who is in need and unable to self-maintain by work.”
This is one of the duties that you have, and debts often need to be paid before the remaining assets can be passed on to the beneficiaries. But debt is not inherited like assets are, so you and the other beneficiaries do not have to pay personally.
In most cases, the deceased person's estate is responsible for paying any debt left behind, including medical bills. If there's not enough money in the estate, family members still generally aren't responsible for covering a loved one's medical debt after death — although there are some exceptions.
Medical debt and hospital bills don't simply go away after death. In most states, they take priority in the probate process, meaning they usually are paid first, by selling off assets if need be.
If you do nothing and don't pay, you could be facing late fees and interest, debt collection, lawsuits, garnishments, and lower credit scores.
Your mother or father may have had substantial credit card debt, a mortgage, or cr loan. The short answer to the question is no, you will not be personally responsible for the debt, but failure to pay such a debt can affect the use and control of secured assets like real estate and vehicles.
Filial responsibility laws and their enforcement vary greatly from state to state. Eleven states have never enforced their laws, and most other states rarely enforce the laws. Currently, Pennsylvania is the only state to aggressively enforce its filial responsibility laws.
“Normally, if you're 18 or older, you're considered the responsible party, even if you're insured under your parents' policy,” Gundling said. Under the Affordable Care Act, parents can keep their children up to age 26 on their insurance policy, even if the adult kids are financially independent and live on their own.
In the state of California, a parent or legal guardian can be held liable when a minor damages property or causes personal injury.
As explained above, federal law prohibits a nursing home from holding a responsible party personally liable for a resident's bill. Also, general legal principles say that a representative is not liable for the debts of the person being represented.
Your Parents' Medical Debt and Dealing with Collectors
If your parents are unable to pay or have died, the collector may decide to turn to you. Unless you co-signed or agreed to be a guarantor on your parent's bills, however, you are not liable for the debt.
When a loved one passes away, you'll have a lot to take care of, including their finances. It's important to remember that credit card debt does not automatically go away when someone dies. It must be paid by the estate or the co-signers on the account.
The short answer is yes, it is possible to lose your home over unpaid medical bills though the doctor or hospital would have to be willing to go to a lot of effort to make that happen. Medical debt is classified as unsecured debt. This means that your debt isn't tied to any collateral.
In most cases, the decedent's estate is responsible for paying off any debt left behind. This includes your parent's medical bills. However, if there is not enough money left in the estate to cover unpaid bills, the debt typically goes uncollected, explains Credit Karma.
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Many Baby Boomers plan to pass down inheritances to their loved ones, but some aren't so lucky. It may come as a relief to find out that, in general, you are not personally liable for your parents' debt. If they pass away with debt, it is repaid out of their estate.
A creditor cannot go after a child to collect on a parent's debt if there is no contractual agreement between the child and their parents' creditors. However, a child may be personally liable if: They cosigned or agreed to be a guarantor on a parent's debt. They held a joint credit card with the deceased parent.
Most filial laws require you to support your parents' basic living needs. These can include food, medical bills (mental and physical), housing, and additional care they receive, such as stays at nursing homes.
Should the children fail to provide adequately, they allow nursing homes and government agencies to bring legal action to recover the cost of caring for the parents. Adult children can even go to jail in some states if they fail to provide filial support.
There are variances in who can be held liable and when, in what scenarios, penalties, and the manner in which nursing care facilities can pursue repayment. The bottom line, however, is that most states will rule that adult children have a duty to provide reasonable care and support for their parents.