Spring, TX asked in Estate Planning and Probate for Texas

Q: Does my POA make me responsible to pay my mother's hospital bill while she is alive?

My mother, who lives in Texas was diagnosed with a terminal illness. She has but a few weeks to live. I have durable POA over her financial affairs. She owns no real property and has personal property of no value. Her only assets are in a POD bank account and a TOD brokerage account. The beneficiaries also live in Texas.

My question ...

1. Does my POA make me legally responsible to pay her hospital debt in full while she is still alive? She does have the funds in her accounts to pay the bill. However, if the bill was paid in full she would not have enough funds to cover another trip to the hospital, or an unforeseen emergency. For this reason, I do not want to pay the bill in full. When she dies there will be no way to pay the bill as the TOD and POD accounts bypass probate The beneficiaries did not co-sign or guarantee payment of the hospital bill, so they are not responsible (I was told this by two lawyers). My mother was only guarantor. Medicaid / Medicare is not involved.

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2 Lawyer Answers
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: A Durable Power of Attorney grants you access to your mother's accounts to pay her bills, to the extent there is money in the accounts. It does not give your mother's creditors access to your accounts -- unless you avoid paying outstanding bills in hope that everything will pass POD/TOD, thus defrauding your mother's creditors.

Rahlita D. Thornton
PREMIUM
Rahlita D. Thornton
Answered
  • Houston, TX
  • Licensed in Texas

A: You have no obligation to be responsible for her debts personally with the facts as you have set out. Sounds like you’ve been acting in her best interest. She’s blessed. If you should need any legal services let us know. 888-343-4529.

Nina Whitehurst agrees with this answer

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