Denver, CO asked in Bankruptcy, Estate Planning, Family Law and Medical Malpractice for Colorado

Q: If an ailing parent becomes my dependent what is my legal obligation to their financial debts? Medical, credit and other

3 Lawyer Answers

A: None. You are not obligated to pay any of their bills or expenses with your own money.

W. J. Winterstein Jr.
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Answered

A: Your post provides few facts.

If you are a joint signer on the disabled credit accounts, or if you have signed anything at a health care facility to enable admissions, or if a court has declared you to be a custodian or other form of personal representative, an affected creditor may pursue you for purported liability.

You are best advised to confer with experienced counsel in your jurisdiction regarding your potential liabilities.

Martha Warriner Jarrett agrees with this answer

James L. Arrasmith
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Answered

A: When a parent becomes your dependent, their financial debts do not automatically transfer to you. Generally, you are not legally required to pay off their debts, such as credit card bills or medical expenses, unless you have co-signed on those accounts or loans. Their debts are typically settled through their estate after they pass away, meaning their assets would be used to pay off creditors.

However, some states have “filial responsibility” laws, which may require adult children to cover certain expenses, such as unpaid nursing home or medical bills. These laws are not always enforced, and the specifics can vary based on where you live.

It's important to understand the details of these laws in your state and whether any agreements, like co-signing, could hold you accountable for your parent’s financial obligations. You can also explore options to manage their debts or seek advice to help plan for their care.

Martha Warriner Jarrett agrees with this answer

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