Liability Worries Questions

1. What are the first steps in getting my mother's home deeded to my siblings and me?

   The first thing you should do is ignore your mother's advice.
   1 Expert Answer

2. What is the best way for my five brothers and me to contribute toward paying for my mother's care?

   First, I must commend you on the spirit of cooperation that your family seems to have embraced. Getting any five people to cooperate seems like a superhuman task, much less five brothers, much less for such a grandly altruistic cause. And I'd like to cooperate with a simple answer to the question you pose...
   1 Expert Answer

3. Can I be forced to assume responsibility for my brother's medical decisions and bills?

   You should not be coerced to sign any type of document you’re not comfortable signing.
   1 Expert Answer

4. FAQ: Am I Responsible for My Parents' Debts?

   Many people are concerned that if their parents are unable to pay their debts, they -- the adult children -- will be responsible for them. In general, though, children are not legally responsible for their parents' debts. However, there are certain circumstances in which this simple rule gets more complicated...
   FAQ 1 Expert Answer, 3 Community Answers

5. Am I liable for a bounced check from my wife if I'm not actually on the checking account?

   Regardless of whose names appear on the actual check, the important factor is who are the joint owners of the account. Therefore, in this situation when the wife started writing bad checks, the husband was no longer a joint owner of the checking account and he has no personal liability...
   1 Expert Answer

6. In what order is best to pay Dad's debts after his death?

   Answering your questions requires a knowledge of specific Rhode Island statutes, which I do not have. I think you have two options for discovering what Rhode Island law provides regarding your situation: 1) hire a Rhode Island lawyer; 2) learn to do your own legal research and determine the answers yourself...
   1 Expert Answer

7. What liability to I carry if don't take my clients to the hospital?

   Ahhh, Personalized-care. That paints a better picture of what you're up against. Am hoping the parents are strong and cogent enough to express their own wishes--since it is their healthcare that's at stake here. Keep us posted.
   2 Expert Answers, 1 Community Answer

8. Am I liable if my parent causes a car accident?

   As an older adult's driving capabilities diminish, many adult children worry not only about the parent's safety but also about their own liability for damages from an accident the parent causes. In general, adult children are not legally responsible for damages resulting from an accident caused by a parent...
   FAQ 1 Expert Answer, 2 Community Answers

9. How do we, with a power of attorney, take control of a credit card account in the cardholder's nickname?

   You're in a rather unusual position, and very well may fear that there are other debts looming out there to be paid.What will get the credit card company's attention the fastest is to take action to close down the account now in the principal's nickname, which is probably a good idea anyway...
   1 Expert Answer

10. Does Mom's nursing home hold responsibility for her fall? And can we take her for a weekend?

    Injuries and diagnoses being what they are, it would be difficult for you to prove that the nursing home caused or was even responsible for the hip fracture that seems to have been a setback for your mother.
    1 Expert Answer

11. If Dad lives in a house owned by Mom and me, can Medicare take it to pay for care and will it count against him for Medicaid?

    First, let's talk about Medicare. Medicare Part B (doctors, laboratories, clinics, and other outpatient care) does not seek reimbursement from a patient for anything. You and your mother do not have any financial responsibility to Medicare...
    1 Expert Answer

12. What is my liability as a live-in caregiver?

    This question is difficult to answer as there are several levels of potential liability. One is taxes, payment for services and liability for that aspect of the care. If you are an independent contractor then you are responsible (liable) for reporting your wages and that aspect of the value of a place to live (room and board) as income...
    1 Expert Answer

13. How can I approach Mom about giving up her car keys?

    Thanks for your questions. It sounds like you have your hands full.
    1 Expert Answer

14. What are the liability issues of someone driving with Parkinson's disease?

    Department of Motor Vehicles reporting guidelines vary with each state. Most states require that you report any changes in your physical, visual or cognitive abilities. When a person or a health care professional reports to DMV,a Medical Review Committee evaluate a person's condition and ability to safely operate a motor vehicle...
    1 Expert Answer, 2 Community Answers

15. Am I responsible for my parent's debt?

    In a word: No.
    1 Expert Answer, 1 Community Answer

16. How to divide personal items and estate when there is no will?

    Unfortunately, when someone dies without a will, or "intestate," a surviving family member cannot simply declare himself or herself an executor and divvy up the property. A probate court has to appoint a person to do the job. While this may seem like an unnecessary bunch of legal gobbledegook, you can...
    1 Expert Answer

17. How do I compensate a sibling who is the primary caregiver for our parent?

    According to the General Accountability Office, about 80% of home-care services are provided by family caregivers. The services that they provide are tremendous. Many times this essential job is performed without compensation, but in other instances the caregiver is paid for the services he or she (and you are right, it is usually she) provides...
    1 Expert Answer

18. What happens to joint assets and finances if one spouse is filing bankruptcy when separated?

    This is a complicated situation and it is further complicated by the fact that the laws that pertain to this situation differ significantly from state to state.
    1 Expert Answer

19. What are the family's liabilities if my parents, who should not be driving, cause an accident?

    I'd recommend consulting an attorney to be sure. We live in a very litigious society, so I think you are right to be concerned.
    1 Expert Answer

20. Can a caregiver be held liable for a patient's death if they refuses medical care?

    As you know best, you’re pinned in a tough spot—living with a person who doesn’t seem to want you there, watching her deteriorate—and presumably, trying not to antagonize your future relatives.
    1 Expert Answer