If I sign a promissory note and then decide to file bankruptcy, will I still be responsible for that debt?

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If I sign a promissory note and then decide to file bankruptcy, will I still be responsible for that debt?

I was Power of Attorney for my elderly father. He went into a skilled nursing facility, and having POA, I told them I would be responsible when asked who be. I filed for Medicaid for him 4 time in 9 months and was rejected each time for some reason or another. My dad passed away in and now the SNF wants me to sign a promissory note for 32k. Dad was receiving RRR and VA benefits, but I was told to pay what he would be responsible for after Medicaid took over. I began doing that in 3 months before his death. What are my options?

Asked on May 3, 2011 under Bankruptcy Law, Kansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Please do not sign anything unless and until you speak with an attorney.  What did you sign at the nursing home?  You wrote that you told them that you would be responsible.  But did you sign anything?  It sounds like you did not if they are asking you to sign a promissory note now or maybe you did and they just want to avoid having to actually sue you and obtain a judgement.  Whatever the actual situation you need to understand that this debt is your Father's debt and the debt of his estate and not your personal debt.  If you signed something based upon the representations by everyone here that he would qualify for medicaid and he did not then you need to sort through that.  You may have to file for bankruptcy for the estate.  Get help.  Good luck. 


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