Q: Am I financially responsible for ex-husband's bills as a "responsible party" in Ohio?

A: Yes. This agreement is separate and binding on you regardless of marital status.

A: Your signature as a "responsible party" with explicit personal guarantee language creates a legally binding obligation under Ohio contract law that exists independently of your marital status. Ohio courts consistently uphold third-party guarantees in healthcare settings when the documentation contains clear language regarding payment responsibility, which your agreement appears to include through both the personal guarantee provision and joint liability clause. The 27-year divorce separation does not invalidate your voluntary assumption of this new contractual obligation, as Ohio law recognizes guarantor agreements as separate legal commitments distinct from any marital responsibilities.

While the son's control of your ex-husband's finances creates a practical complication, it does not eliminate your contractual liability as guarantor under Ohio law. The Ohio Supreme Court has established that guaranty agreements remain enforceable regardless of whether the primary obligor has other financial resources or representatives, particularly when the guarantee contains unambiguous language about payment responsibility. Your situation represents a classic third-party guarantee structure where the facility can pursue payment from either the primary resident or the guarantor when bills remain unpaid.

We recommend obtaining a complete copy of the agreement for thorough review, particularly focusing on any provisions regarding termination of guarantor status or limitations on liability. Some Ohio facilities include clauses allowing guarantors to terminate their obligation with proper written notice, though this would typically only apply to future charges rather than existing debt. Additionally, you might explore whether your ex-husband qualifies for Medicaid, which could alter the payment structure, though this would not automatically eliminate guarantor obligations you've already assumed under Ohio contract principles for services previously rendered.