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Winterboer v. Floyd Healthcare Management Inc.

The hospital patient's mother was acting in a representative capacity and not as a personal guarantor when she signed her adult son's hospital registration consent forms because he was incapacitated, and she therefore was not personally liable to pay the medical bills the patient incurred.

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Janice Winterboer appeals the trial court’s denial of her motion for summary judgment and its grant of summary judgment to Floyd Healthcare Management, Inc. d/b/a Floyd Medical Center Floyd Medical Center on the latter’s complaint as to unpaid medical bills for treatment of Winterboer’s now-deceased adult son, Joshua, after she signed Joshua’s hospital-registration consent forms. Winterboer contends, inter alia, that she signed the forms in a representative capacity and not as a personal guarantor. We agree that the trial court erred in granting summary judgment to Floyd Medical Center and in denying Winterboer’s motion and, accordingly, we reverse.

Viewed in the light most favorable to Winterboer, the nonmovant,1 the record reflects that her adult son, Joshua, was severely incapacitated after a motor-vehicle accident that occurred when he was a toddler. Although Joshua had no guardian or conservator, and although Winterboer did not have financial or medical power of attorney for Joshua, she provided full-time care for her son until his death in December 2014. Winterboer paid for Joshua’s medical and living expenses using trust funds that were received as part of an annuity following the accident and a legal settlement.

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