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
Joseph Jaap
Joseph Jaap
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.