Hamilton, OH asked in Estate Planning, Elder Law and Probate for Ohio

Q: I have POA for my father in hospice, and he does not have a will.

My father is in hospice and has signed to designate me with POA. He has few assets, is enrolled in Medicaid, and what little income he has is going to the nursing home. On top of that, he has significant medical bills from the past year that are not covered (he does not have the money to pay), and a court judgment against him for an unpaid credit card. I want to confirm I will not be liable for these debts, and get advice about what to do when he passes away. His final arrangements are pre-paid, but he has a cheap car to sell, etc.

1 Lawyer Answer

A: His POA will terminate at his death. Check with BMV about changing title to car now or transfer on death. His estate will be liable for his debts. If his estate is insolvent, then the creditors won't be paid.

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