If we are a health care facility and have a resident who owes us quite a bit of money, can we go after the son who is DPOA?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If we are a health care facility and have a resident who owes us quite a bit of money, can we go after the son who is DPOA?

The son is DPOA and was a very slow payer while mother was in our facility. She now lives somewhere else, but we are trying to collect. Can we go after the son who is DPOA?

Asked on October 13, 2011 under Bankruptcy Law, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You can sue the son who has the durable power of attorney for the resident in your health care facility that owes money for care, but you will not prevail against the son holding this power for the simple fact that you most likely have no written contract with him (the son) for the obligations owed by the resident.

If the former resident now lives elsewhere, you will need to send her a demand letter for services rendered with a date for payment. If she does not pay by the date demanded, your recourse is to file a legal action against her for the monies owed, not the son holding the power of attorney over her unless the son signed the contract for services personally with your facility.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption