1. My father was a mentally incapable patient in a nursing home.
2. I had his durable POA.
3. I signed financial responsibility forms for medical care on his behalf.
4. I did not write in any notation that I was signing for him.
5. He is now deceased, and his will was probated without an administration. I am am named executor in his will.
6. I am being sued in small claims court for some medical expenses.
7. The financial responsibility form shows his name as patient, "responsible party" is blank, and my signature on the line.
8. Our names are the same except for the "Jr." suffix which I omitted as is my habit, but I won't deny signing.
9. I want to deny due to it is my deceased father's debt and not my own.
10. Will the Court agree with me?If the debt is valid I will pay, but their response to my request for substantiation was a 7-month delay followed by a threat of legal action. The creditor is a pharmacy who delivers drugs to the nursing home. I replied reiterating my request for documentation and received a detail invoice, but no delivery receipt, followed by a visit from the constable 2 days later with the citation. I think if the judge decides it's a debt of the decedent they will have to petition the probate court for an ancillary administration. The decedent was domiciled in Louisiana and the will probated there; he had no assets in Texas.