Q: Is the family to Pay the nursing home debt of the passed client.. With no Medicaid assistance I am POA of Medical only
A: All POAs terminate with the death of the person who granted the POA. The debt to the nursing home is a debt of the deceased's estate. The family has no obligation to pay it themselves. The nursing home must file a claim against the estate within 6 months after the date of death, and if the probate court determines that the claim is valid, the nursing home would be paid from the estate assets in the order of its priority, if there are any estate assets remaining to pay it. There could be reasons to delay filing with the probate court to open the estate until after 6 months. Use the Find a Lawyer tab to retain a local probate attorney who can review all the facts of the situation and advise you about the probate process.
Andrew Popp agrees with this answer
A: The family is only responsible for the debt to the extent of the estate's assets.
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