medical debt kansas
Is a surviving spouse responsible for the medical bills of the deceased spouse
<p>My wife died last December and the hospital where she had been receiving treatment is sending bills to the home, in her name, asking for payment. I called them and told them that she was deceased and I had previously given them the documentation for that. The customer service person said they did have the information I had provided (death certificate) and also that I'm responsible since we were married at the time of her death. I told them the estate lawyer we had spoken to told us that I would not be responsible for the debt.</p>

<p>Can anyone direct me to a statute, regulation or law (state or Federal) that shows I am responsible for this debt?</p>

<p>I don't know if it makes a difference but she was in hospice care at home when she died, she was not admitted to the hospital.</p>

<p>If you lived in a community property state, that would create responsibility for your late wife's debts (but Kansas is not one). If you signed a financial responsibility agreement you would be liable (but I assumed you did not). No matter what, her estate is liable, and that could eventually affect you (her debts must be paid first). However, there is one last criterion, the "doctrine of necessaries". <a href="http://www.kscourts.org/cases-and-opinions/opinions/CtApp/2016/20161028/115028.pdf" rel="nofollow noreferrer">This ruling</a> notes</p>

<blockquote>
  <p>Kansas recognizes the doctrine of necessaries, under which a spouse
  can be held liable when the other spouse obtains necessary items, like
  food or medical care, on credit.</p>
</blockquote>

<p>See also <a href="https://law.justia.com/cases/kansas/supreme-court/1992/66-075-3.html" rel="nofollow noreferrer">St. Francis Regional Med. Center, Inc. v. Bowles</a> for support that the doctrine survives in Kansas.</p>
