Medical bills and bank accounts

leebee

DIS Veteran
Joined
Sep 14, 1999
DH had leg surgery in Dec. 2016. We planned it this way, as I'd had surgery in September and we knew all our deductibles, OOP maximums, etc., had been met. It all went as planned for 3 weeks until his surgical site became infected (12/31). Since then, he's had 10 days of oral antibiotics at home followed by a 7 night hospital stay with 3 surgeries, and is now in a rehab facility for at least a week. Obviously, I'm worried about money. DH and I have joint checking and bank accounts, in both our names. No problem there, it's our money and this is what we'll use it for. However, DD has a checking and a savings account, and I am on her accounts. Being as DH is NOT on DD's accounts, can they still try to use DD's assets because I am on her accounts (and I'm his wife)? I don't know anything about this kind of stuff, and I don't want to shirk our responsibilities, but that is DD's money- her savings that she earned, nothing from us- and it doesn't seem fair for her to lose it for DH's medical bills. (If it makes any difference, we are in Maine.)
 
I doubt that it would get to the point where they'd have to go after your DD's money, would it? Hospitals will set up a payment plan with you so you can make payments gradually.

Not sure why you are listed on your DD's accounts (she is college age, right?), but maybe you should re-think that after something like this happening, idk.
 
No, your daughter's account with you is not on the hook for DH's medical bills. The account may not even be on the hook for your bills, depending on the actual ownership of the account. It is possible to be a signatory on an account, yet have no ownership rights to the account.
 
[QUOTE="Pea-n-Me, post: 57008791, member: 70088"
Not sure why you are listed on your DD's accounts (she is college age, right?), but maybe you should re-think that after something like this happening, idk.[/QUOTE]

Pretty standard Estate Planning to have either a child (or the person who will be the executor of your estate) on your accounts and often that requires you to be on one of their accounts. That way they can assess your money if you are unable to care for yourself, and after you are gone for your finally expenses, before the estate is settled is distributed per your will.
 


Pretty standard Estate Planning to have either a child (or the person who will be the executor of your estate) on your accounts and often that requires you to be on one of their accounts. That way they can assess your money if you are unable to care for yourself, and after you are gone for your finally expenses, before the estate is settled is distributed per your will.
Hmm, I've done estate planning with my mother (with a lawyer in that specialty and a financial planner) and that was never suggested. Doesn't being Power of Attorney give you access to accounts if someone is incapacitated? I thought I've read, too, that being part of accounts has legal and other implications as well.
 
Hmm, I've done estate planning with my mother (with a lawyer in that specialty and a financial planner) and that was never suggested. Doesn't being Power of Attorney give you access to accounts if someone is incapacitated? I thought I've read, too, that being part of accounts has legal and other implications as well.

A financial power of attorney can give access to someone's accounts -- although it's my understanding that many banks and financial institutions these days try to make people jump through the further hoop of getting that release further executed on the financial institution's own form which serves that purpose. I've seen attorneys who are serving in a fiduciary capacity for an incapacitated client, court ordered fiduciary, standing and pleading a motion before a judge to get another more strongly worded court order to force the bank to allow them access to the account in their client's stead. Just my PSA to those working on estate planning or those who have been tapped to serve as a personal rep, executor or conservator -- even with a financial POA drawn up and in place, it doesn't hurt to check with a bank or financial institution about executing their documents if needed while you or your family member is still competent to make such decisions and execute the documents.

Many people choose to utilize joint owned bank accounts as a means to pass monetary assets and bypass probate. It has advantages and drawbacks. Sometimes people choose to allow someone access to their accounts purely for the emergency conducting of business on their behalf and utilize the authorized signatory option. That also has advantages and drawbacks.
 
This is along the lines of what my understanding is.

From Forbes:

Never Add Your Child's Name To Your Bank Account, Here's Why
Aug 6, 2013 @ 11:11 AM

Parents may unwittingly create problems for themselves and their children by adding a child's name to a bank account.

This is sometimes done so the adult child can write checks on behalf of mom or dad. While adding a child’s name seems like a harmless, familial gesture of love and trust, the financial consequences can be extremely negative to both parent and child.

Here is an example to illustrate why you shouldn’t add your child to your accounts. June, a 65-year-old widow, wants to add her 35-year-old son, Henry, to a $400,000 bank account in her name. June prefers to bypass her daughter, Matilda, since she sees Henry as more organized and better able to issue checks to keep her bills in order while she is sick or away in Florida for long stretches.

Even if Henry is as responsible as his mother thinks he is, there can be some unintended consequences June could encounter by adding his name to her bank account.

Gift Taxes Adding Henry’s name with rights of survivorship means Henry is entitled to all the same rights and responsibilities as June. June never intended to make this account a gift to Henry but the IRS doesn't agree. This may trigger gift taxes or at least require June to file forms with the IRS to alert them regarding what it sees as her gift to Henry. This year, you can give up to $14,000to another person without paying gift taxes or notifying the IRS; anything above that is taxable.

Shared Liabilities: If Henry has some issues with a creditor and a judgment is levied against him, the entire $400,000 bank account could be garnished, even though June is co-owner and she was not involved in any way.

Trust and Responsibility Can Go Wrong: Henry can withdraw the entire $400,000 at any time for his own use, and he is not required to pay it back. If Henry is careless with these funds and uses them imprudently, the entire account could evaporate, leaving June empty-handed.

Divorce: Henry is separated from his wife and they are likely to divorce. Henry’s wife is now entitled to a portion of this jointly held account when their assets are divided up. (This is upsetting to June also because she is on poor terms with Henry’s soon-to-be-ex-wife.)

Legal Judgments Against a Child: If Henry accidentally rear-ends a school bus and becomes involved in a lawsuit, subsequent claims and judgments involving money includes June’s account as part of Henry’s assets. The entire $400,000 could go to the wronged party.

Estate Implications: June has a will that clearly states she wants to divide all her assets equally between Henry and his sister, Matilda. If June dies unexpectedly after Henry’s name is added to her bank account, this rights-of-survivorship joint account bypasses her will entirely. In effect, Henry receives this extra $400,000 inheritance. It’s unlikely this account can be divided after the fact with Matilda. If June has specific trust provisions in her will, her joint account with Henry can undermine the initial intention of her trust.

College Aid: If Henry keeps the account and has a college-aged child of his own, that child is less likely to get good student aid or scholarships because June’s account inflates Henry’s assets.

Adding a child’s name to your bank account is an example of a harmless, well-intentioned gesture that triggers unexpected bad consequences. In seemingly simple situations like these, it pays big-time to consult with your financial planner and your estate attorney before making any decisions.

Another article, from an attorney:

http://www.tn-elderlaw.com/resources/joint-accounts-are-usually-bad
 


Not sure why you are listed on your DD's accounts (she is college age, right?), but maybe you should re-think that after something like this happening, idk.

Actually, she is out of college now and lives in another state, but has maintained her bank accounts here because she gets free ATM access at any ATM, world-wide, from our local bank (and no foreign transaction fees, either). I am on the account because when we first moved here, if we opened a savings account in her name (as a child), we, as her parents, could open checking and savings accounts that required no minimum balance, no monthly fees, etc. It was a good deal, so we went for it, and because she was only 8 at the time, my name went on her accounts. I was always taught that it's prudent to have someone else on your account, so if access to money is needed and the primary account holder is incapacitated, the second person can access the account. I suppose these days, with access to ATMs and electronic banking, this isn't the case any longer, but that's why I'm on her account.
 
Actually, she is out of college now and lives in another state, but has maintained her bank accounts here because she gets free ATM access at any ATM, world-wide, from our local bank (and no foreign transaction fees, either). I am on the account because when we first moved here, if we opened a savings account in her name (as a child), we, as her parents, could open checking and savings accounts that required no minimum balance, no monthly fees, etc. It was a good deal, so we went for it, and because she was only 8 at the time, my name went on her accounts. I was always taught that it's prudent to have someone else on your account, so if access to money is needed and the primary account holder is incapacitated, the second person can access the account. I suppose these days, with access to ATMs and electronic banking, this isn't the case any longer, but that's why I'm on her account.
Ah, I get it, thanks. I knew your daughter was a little older. DH is actually still listed on our kids' debit accounts as they were set up before they turned 18, he's been meaning to get down there to get them changed. (There's not much in there, though, so no rush, probably! :lmao: )
 
This is along the lines of what my understanding is.

From Forbes:

Never Add Your Child's Name To Your Bank Account, Here's Why
Aug 6, 2013 @ 11:11 AM

Parents may unwittingly create problems for themselves and their children by adding a child's name to a bank account.

This is sometimes done so the adult child can write checks on behalf of mom or dad. While adding a child’s name seems like a harmless, familial gesture of love and trust, the financial consequences can be extremely negative to both parent and child.

Here is an example to illustrate why you shouldn’t add your child to your accounts. June, a 65-year-old widow, wants to add her 35-year-old son, Henry, to a $400,000 bank account in her name. June prefers to bypass her daughter, Matilda, since she sees Henry as more organized and better able to issue checks to keep her bills in order while she is sick or away in Florida for long stretches.

Even if Henry is as responsible as his mother thinks he is, there can be some unintended consequences June could encounter by adding his name to her bank account.

Gift Taxes Adding Henry’s name with rights of survivorship means Henry is entitled to all the same rights and responsibilities as June. June never intended to make this account a gift to Henry but the IRS doesn't agree. This may trigger gift taxes or at least require June to file forms with the IRS to alert them regarding what it sees as her gift to Henry. This year, you can give up to $14,000to another person without paying gift taxes or notifying the IRS; anything above that is taxable.

Shared Liabilities: If Henry has some issues with a creditor and a judgment is levied against him, the entire $400,000 bank account could be garnished, even though June is co-owner and she was not involved in any way.

Trust and Responsibility Can Go Wrong: Henry can withdraw the entire $400,000 at any time for his own use, and he is not required to pay it back. If Henry is careless with these funds and uses them imprudently, the entire account could evaporate, leaving June empty-handed.

Divorce: Henry is separated from his wife and they are likely to divorce. Henry’s wife is now entitled to a portion of this jointly held account when their assets are divided up. (This is upsetting to June also because she is on poor terms with Henry’s soon-to-be-ex-wife.)

Legal Judgments Against a Child: If Henry accidentally rear-ends a school bus and becomes involved in a lawsuit, subsequent claims and judgments involving money includes June’s account as part of Henry’s assets. The entire $400,000 could go to the wronged party.

Estate Implications: June has a will that clearly states she wants to divide all her assets equally between Henry and his sister, Matilda. If June dies unexpectedly after Henry’s name is added to her bank account, this rights-of-survivorship joint account bypasses her will entirely. In effect, Henry receives this extra $400,000 inheritance. It’s unlikely this account can be divided after the fact with Matilda. If June has specific trust provisions in her will, her joint account with Henry can undermine the initial intention of her trust.

College Aid: If Henry keeps the account and has a college-aged child of his own, that child is less likely to get good student aid or scholarships because June’s account inflates Henry’s assets.

Adding a child’s name to your bank account is an example of a harmless, well-intentioned gesture that triggers unexpected bad consequences. In seemingly simple situations like these, it pays big-time to consult with your financial planner and your estate attorney before making any decisions.

Another article, from an attorney:

http://www.tn-elderlaw.com/resources/joint-accounts-are-usually-bad

There's a lot of good info in here, and I've seen much of what's described in play in a courtroom. There is also some legal maneuvering that is able to protect money in an account where there is a legal judgment or claim against someone added to the account. I've seen it argued, and won, where a husband in a divorce was denied a share of his soon to be ex FIL's account simply because his wife was on the account. The wife's attorney was able to produce evidence to the court that all of the funds placed into the account were solely the result of the FIL's income stream and all of the monies leaving the account were withdrawn on behalf of the father in law. The judge was convinced the wife was only on her father's account for emergency purposes and neither contributed or benefited personally and therefore her spouse was precluded from doing so.
 
Unless you give out a debit card number, it will be ages, depending upon the state, before a debt collector takes you to court and collects on the debt. You will have fair warning and enough time for your daughter to withdraw her money from the joint accounts. Many options are available before the debt collector takes this to court. Take care of your husband and worry about the bills later. Hope everything becomes better for you.
 
There's a lot of good info in here, and I've seen much of what's described in play in a courtroom. There is also some legal maneuvering that is able to protect money in an account where there is a legal judgment or claim against someone added to the account. I've seen it argued, and won, where a husband in a divorce was denied a share of his soon to be ex FIL's account simply because his wife was on the account. The wife's attorney was able to produce evidence to the court that all of the funds placed into the account were solely the result of the FIL's income stream and all of the monies leaving the account were withdrawn on behalf of the father in law. The judge was convinced the wife was only on her father's account for emergency purposes and neither contributed or benefited personally and therefore her spouse was precluded from doing so.
I'm glad she won, they were probably lucky that time - plus, it's a lot to go through to have to get a lawyer and go to court every time something comes up. I think the Power of Attorney plan works well, instead. At least I hope so.
 
Hmm, I've done estate planning with my mother (with a lawyer in that specialty and a financial planner) and that was never suggested. Doesn't being Power of Attorney give you access to accounts if someone is incapacitated? I thought I've read, too, that being part of accounts has legal and other implications as well.
I should clarify, the accounts are owned by a Trust.
 
This is along the lines of what my understanding is.

From Forbes:

Never Add Your Child's Name To Your Bank Account, Here's Why
Aug 6, 2013 @ 11:11 AM

Parents may unwittingly create problems for themselves and their children by adding a child's name to a bank account.

This is sometimes done so the adult child can write checks on behalf of mom or dad. While adding a child’s name seems like a harmless, familial gesture of love and trust, the financial consequences can be extremely negative to both parent and child.

Here is an example to illustrate why you shouldn’t add your child to your accounts. June, a 65-year-old widow, wants to add her 35-year-old son, Henry, to a $400,000 bank account in her name. June prefers to bypass her daughter, Matilda, since she sees Henry as more organized and better able to issue checks to keep her bills in order while she is sick or away in Florida for long stretches.

Even if Henry is as responsible as his mother thinks he is, there can be some unintended consequences June could encounter by adding his name to her bank account.

Gift Taxes Adding Henry’s name with rights of survivorship means Henry is entitled to all the same rights and responsibilities as June. June never intended to make this account a gift to Henry but the IRS doesn't agree. This may trigger gift taxes or at least require June to file forms with the IRS to alert them regarding what it sees as her gift to Henry. This year, you can give up to $14,000to another person without paying gift taxes or notifying the IRS; anything above that is taxable.

Shared Liabilities: If Henry has some issues with a creditor and a judgment is levied against him, the entire $400,000 bank account could be garnished, even though June is co-owner and she was not involved in any way.

Trust and Responsibility Can Go Wrong: Henry can withdraw the entire $400,000 at any time for his own use, and he is not required to pay it back. If Henry is careless with these funds and uses them imprudently, the entire account could evaporate, leaving June empty-handed.

Divorce: Henry is separated from his wife and they are likely to divorce. Henry’s wife is now entitled to a portion of this jointly held account when their assets are divided up. (This is upsetting to June also because she is on poor terms with Henry’s soon-to-be-ex-wife.)

Legal Judgments Against a Child: If Henry accidentally rear-ends a school bus and becomes involved in a lawsuit, subsequent claims and judgments involving money includes June’s account as part of Henry’s assets. The entire $400,000 could go to the wronged party.

Estate Implications: June has a will that clearly states she wants to divide all her assets equally between Henry and his sister, Matilda. If June dies unexpectedly after Henry’s name is added to her bank account, this rights-of-survivorship joint account bypasses her will entirely. In effect, Henry receives this extra $400,000 inheritance. It’s unlikely this account can be divided after the fact with Matilda. If June has specific trust provisions in her will, her joint account with Henry can undermine the initial intention of her trust.

College Aid: If Henry keeps the account and has a college-aged child of his own, that child is less likely to get good student aid or scholarships because June’s account inflates Henry’s assets.

Adding a child’s name to your bank account is an example of a harmless, well-intentioned gesture that triggers unexpected bad consequences. In seemingly simple situations like these, it pays big-time to consult with your financial planner and your estate attorney before making any decisions.

Another article, from an attorney:

http://www.tn-elderlaw.com/resources/joint-accounts-are-usually-bad

I believe a Trust negates this.
 
Just call the hospital and set up a payment plan, doesn't have to be much as long as you are paying something on the bill they can't even send it to collection, much less get to your checking.
 
So perhaps I'm being too simplistic but can't your daughter just get an account in her name and move all her money there? A new account can be obtained in 30 minutes, sometimes even less.

As for you and your DH's account, obviously those accounts are fair game if they ever go into collection. You can always withdraw all funds from the accounts and go to cash. And just keep the bare minimum in the accounts to pay your necessary bills.
 

GET A DISNEY VACATION QUOTE

Dreams Unlimited Travel is committed to providing you with the very best vacation planning experience possible. Our Vacation Planners are experts and will share their honest advice to help you have a magical vacation.

Let us help you with your next Disney Vacation!











facebook twitter
Top