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Imagine this: Your aging parent needs nursing home care. You help with finances using a power of attorney, but you’re careful not to sign the admission agreement yourself. The facility racks up a $66,000 bill, your parent can’t pay, and the nursing home comes after you personally. Sound unfair? An Ohio appeals court just said it is.
In Concord Village Skilled Nursing & Rehab v. Lundquist, the Eleventh District Court of Appeals in Ohio ruled that a son acting as his mother’s attorney-in-fact was not personally liable for her unpaid nursing home bill, because he never signed the contract in his individual capacity and there was no evidence of fraud. This decision is a big win for family caregivers and a clear message to nursing homes: You can’t automatically hold adult children responsible for a parent’s debt just because they have a power of attorney.
For readers of the Aging-in-Place Planning and Elderlaw Blog, this case is more than a legal victory; it’s a practical reminder of how careful planning can protect you and your family from aggressive collection tactics that push seniors into unwanted facilities. Moreover, it's just another in a growing string of cases in which nursing homes seek to enforce filial responsibility in the absence of a statutory provision. Let’s break down what happened, why it matters, and how you can use this ruling to strengthen your own aging-in-place strategy.The Facts: A Son Helps, But Doesn’t Sign
Helen Lundquist entered Concord Village Skilled Nursing & Rehabilitation in March 2022. The admission agreement required her to pay $325 per day for services not covered by insurance. She lived there for nine months but couldn’t pay the full bill, leaving a balance of $66,627.
Helen had given her son, Terrance Tabaczynski, a limited power of attorney before admission and later a durable power of attorney. They also had a joint bank account, and Helen named Terrance as beneficiary on a transfer-on-death (TOD) deed for her home. Importantly, Terrance never signed the nursing home agreement, neither personally nor as Helen’s agent.
When Helen was discharged for nonpayment, Concord Village sued her and Terrance, claiming he was liable for:
The appeals court affirmed in a clear, unanimous decision:
This ruling is a lifeline for adult children who help their parents without risking their own finances. Nursing homes often pressure family members to "guarantee" payment during admission—sometimes subtly, sometimes aggressively. Many assume a POA makes them liable. It doesn’t.
But the case also exposes a darker reality: Facilities routinely sue family members to recover debts, hoping for settlements. In states without strong filial responsibility laws (like Ohio), nursing homes often rely on fraud claims or "negligent management" theories, clogging courts and stressing families.
For aging in place, the implications are huge:
Include: "Agent has no personal liability for principal’s debts," unless state law makes that clear. For readers of the Aging-in-Place Planning and Elderlaw Blog, this case is more than a legal victory; it’s a practical reminder of how careful planning can protect you and your family from aggressive collection tactics that push seniors into unwanted facilities. Moreover, it's just another in a growing string of cases in which nursing homes seek to enforce filial responsibility in the absence of a statutory provision. Let’s break down what happened, why it matters, and how you can use this ruling to strengthen your own aging-in-place strategy.The Facts: A Son Helps, But Doesn’t Sign
Helen Lundquist entered Concord Village Skilled Nursing & Rehabilitation in March 2022. The admission agreement required her to pay $325 per day for services not covered by insurance. She lived there for nine months but couldn’t pay the full bill, leaving a balance of $66,627.
Helen had given her son, Terrance Tabaczynski, a limited power of attorney before admission and later a durable power of attorney. They also had a joint bank account, and Helen named Terrance as beneficiary on a transfer-on-death (TOD) deed for her home. Importantly, Terrance never signed the nursing home agreement, neither personally nor as Helen’s agent.
When Helen was discharged for nonpayment, Concord Village sued her and Terrance, claiming he was liable for:
- Breaching a duty to pay from her funds.
- Fraudulently transferring assets (TOD deed and bank withdrawals).
The appeals court affirmed in a clear, unanimous decision:
- No Contract Means No Duty: Federal and Ohio regulations (42 C.F.R. §483.15(a)(3); similar Ohio rule) allow facilities to require a representative with access to funds to sign for payment from the resident’s resources, but without personal liability. Since Terrance never signed, he had no contractual obligation.
- No Fraudulent Transfers: The court determined that there were no fraudulent transfers of property:
- Real Property: The TOD deed didn’t transfer ownership during Helen’s life—Terrance got nothing until her death.
- Bank Accounts: Bank withdrawals (to pay his own bills) were authorized by the POA, and Helen wasn’t legally insolvent because her assets exceeded her debts.
- Intention: No evidence of intent to defraud.
- Power of Attorney Doesn’t Create Personal Debt:Ohio’s Uniform Power of Attorney Act doesn’t make agents personally liable for the principal’s debts unless they agree in writing.
This ruling is a lifeline for adult children who help their parents without risking their own finances. Nursing homes often pressure family members to "guarantee" payment during admission—sometimes subtly, sometimes aggressively. Many assume a POA makes them liable. It doesn’t.
But the case also exposes a darker reality: Facilities routinely sue family members to recover debts, hoping for settlements. In states without strong filial responsibility laws (like Ohio), nursing homes often rely on fraud claims or "negligent management" theories, clogging courts and stressing families.
For aging in place, the implications are huge:
- Avoid Personal Guarantees: Never sign as "responsible party"; it creates liability.
- Use POAs Wisely: Limited/durable POAs let you manage funds without personal risk.
- Plan Ahead: Trusts and SDM agreements fund home care without exposing family.
- Read Admission Agreements Carefully:Refuse to sign as "guarantor" or "responsible party." Say: "I’ll sign as agent for payment from Mom’s funds only." Use the designation "agent", "POA," "representative," or trustee immediately after your signature, every time you sign a document.
- Use Trusts for Assets:Revocable living trusts hold home/bank accounts—distribute per your plan, not facility demands.
- SDM for Coordination: Nominate family supporters to manage care. See our "SDM-Driven Supplemental Advanced Directive" template.
- Document Everything: Keep logs of payments/refusals to sign. These may later be used to defeat fraud claims.
Concord Village v. Lundquist proves that with the right planning, you can help your loved one without risking your future. By combining awareness with well-drafted and designed trusts, POAs, and SDMs, families can safeguard independence and thrive while aging in place. For support, consult a professional. Your security depends on proactive engagement.
