Spousal Payment of Medical Bills upon Death

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NYMarcom

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My mother is currently taking care of my elderly father, who may be in the final stages of his life. In the past month, he's been in and out of the hospital for emergency visits and extended care twice already. My mother is 70, yet works part-time in a retail job making very little money to be able to make her mortgage payments. Her house has been refinanced in the past few years, is in her name (my father filed for bankruptcy twice in his later years), and is her only asset.

I am worried that my mother will be responsible for paying my father's medical bills (both now, and when he passes). I have been told by a sister-in-law who is a paralegal that there is a form that we can access online that would protect my mother from this liability. I'm not sure of the legal conditions for this, nor do I know what this form is, but wanted confirmation that this is the case. My parents live in Fairfax, VA.

I also wanted to know what steps are required for my mother to continue receiving my father's social security income upon his passing. They receive Medicare, and my mother is enrolled in AARP health insurance, but I am concerned these will not cover my father's hospital bills.

Many thanks for any insight or advice related to this in advance.
 
You need to look into having your mother file a homestead decleration with the county clerk and recorder. Your state may not have this, but if it does, this would help protect your mother from the mounting bills. Check into it.

You may wish discussing with your mother, the possibility of getting everthing out of her's and your dads name. House, land, bank accounts.

Talk to this sister-in-law, tell her you need that form and all the info she can come up with. Don't wait on this, you don't want a judgement or lien attached, that will really complicate things.
 
Spousal Payment of Med Bills re:VA Homestead Declaration

Thanks so much for your quick reply and advice. The Virginia Homestead Declaration only allows an exemption of $5000 for an individual and up to $10,000 for couples. If that's the only equity that can be protected from creditors, I suppose that's why you suggested taking the house, assets, out of her name, right?

I'm surprised that, given her lack of assets, our justice system would allow her medical/hospital creditors to collect from her at all. After all, she has no control over when he is released from hospital care, even though he is far more mobile and alert when out of the hospital than while in their care. It's all rather depressing when considering the state of healthcare in this country. My father is actually a retired physician himself.

Thanks for your counsel to date, and any additional thoughts you may have.
 
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