When a loved one passes away, we are often asked whether the surviving spouse is liable for any medical debt incurred. There are a few different considerations to be considered when answering this question.
First, a deceased individual’s estate is almost always going to remain liable for debts incurred during the deceased individual’s life. So any remaining medical debt would likely need to be addressed as part of the probate process.
Second, a surviving spouse may have contractually agreed to be responsible for any medical services at the time the care was provided. This often occurs during intakes at the hospital or at the medical provider’s office, and the surviving spouse may not even realize they agreed to be personally responsible for the care provided.
Finally, under W.S. 2-1-201, “The necessary expenses of the family . . . are chargeable upon the property of both husband and wife, or either of them, for which they may be sued jointly or separately.” This type of provision is often called the “doctrine of necessaries”, where one spouse is responsible for any “necessary” medical expenses incurred by the other. The doctrine is generally based on the idea that, if given a conscious choice, a spouse would willingly agree to pay for the life saving care of a spouse.
If you have concerns about payment of the medical debt of another, and how the foregoing would apply to your circumstance, you are encouraged to call and speak with an attorney.