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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118635
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My husband was found not criminally found responsible due to

Customer Question

my husband was found not criminally found responsible due to his bi-polar instead of jail the state sent him to a state mental hospital. Now since they (the hospital) found out I am one of the few that has insurance they are trying to get my insurance to pay which of course my insurance is not going to cover. Now they are sending me paperwork asking permission for my tax transcriptions and income verification etc.... Again, 9/10 x the state covers the tab for these patients and my husband is not there because he wants to be but it's the alternative to jail. Bottom can I be held liable for his stay at the hospital that is ordered by judge!!!
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

It is not illegal for a spouse to be liable for mental health care provided to their spouse and even if that mental health care is mandatory based on a court sentence, legally the state can seek reimbursement from the spouse. Under the Doctrine of Necessities, which MD does follow, the spouse can be held liable for any type of medical care required by their spouse. So legally, you could be held liable for his care that is required to get him the treatment he needs.

Many people in these situations get divorced to avoid this liability, so that is a possibility for you to consider.