Q: Am I liable for nursing home charges for my deceased mom in Texas?

A: No generally you don’t owe anyone debts incurred by your mom. The only concern I would have is if upon admission you inadvertently signed some document accepting liability. I would request that the nursing home send you copies of any document you signing allegedly guaranteeing payment. If they don’t have anything then tell them you don’t owe and don’t intend to pay. If your mother had assets and goes to probate the nursing home could make a claim at that time.

A: If you didn't sign anything agreeing to become personally liable, then only your mother's Estate is liable. You don't have to talk with them. If you end up doing a probate of your mother's Estate, then your probate attorney can advise you on how to correctly deal with creditor claims against your mother's Estate. I can't speak for all probate law offices, but I can say that we help our clients with dealing with creditor claims.

A: Only if you agreed to be personally responsible for such charges.

Your mother, or her estate now that she is deceased, ought to be responsible for such charges. The personal representative of her estate should have paid any of those expenses before distributing any of your mother's property to any of her heirs. If you took any of your mom's property or money, the nursing home might be able to get that back from you. But that would still not make you personally responsible for all such charges.

A: If you did not sign a personal guarantee and only acted under Power of Attorney (POA) for your mother, you are generally not personally liable for her debts in Texas. A POA allows you to act on her behalf, but it doesn't make you responsible for her financial obligations unless you agreed to be. Nursing homes sometimes attempt to collect from family members by misrepresenting what was signed during the admissions process, so it's important to review exactly what you signed.

You have the right to ask the nursing home for copies of all documents they claim make you liable. Look closely for any language that might indicate a personal guarantee or co-signature. If there's no such clause and you only signed in a representative capacity, they may not have legal standing to pursue you. Do not agree to pay or acknowledge the debt until you’ve seen and reviewed the documents.

If the nursing home continues to pressure you without valid proof, you can respond in writing, making clear that you never accepted personal liability. Keep copies of all your communications. You may also want to speak with an attorney to help respond or push back, especially if they send collection letters. In Texas, your personal assets are not automatically tied to a deceased parent’s nursing home bills unless you explicitly took on that obligation.