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 9 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.


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