Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in family law
A parent or other party ordered by a court to bear the costs, fees, and disbursements of an attorney appointed to represent a minor or dependent child in matters of support, custody, and visitation. The designation triggers an enforceable payment obligation unless the responsible party is indigent, in which case the costs shift to a designated public agency.
2
Sense 1
1
in family law
A parent or other party ordered by a court to bear the costs, fees, and disbursements of an attorney appointed to represent a minor or dependent child in matters of support, custody, and visitation. The designation triggers an enforceable payment obligation unless the responsible party is indigent, in which case the costs shift to a designated public agency.
Sources & Authorities· 1 primary source
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Uniform Acts
Sense 2
2
in elder law
A third party, often a family member, who signs a nursing-home admission agreement in a representative capacity. Federal law prohibits nursing homes from requiring such a signature to function as a personal guarantee of payment, rendering any provision that imposes direct liability on the signer unenforceable.
Sources & Authorities· 2 sources
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3
Practice Questions3
in elder law
A third party, often a family member, who signs a nursing-home admission agreement in a representative capacity. Federal law prohibits nursing homes from requiring such a signature to function as a personal guarantee of payment, rendering any provision that imposes direct liability on the signer unenforceable.
Each sense below has its own examples, sources, and questions.
Examples1
Court Orders Fees Against Father
Roger Ramirez and Rosalind Reed divorce while their young son needs representation on custody and support issues. The court appoints an attorney for the child and later enters an order directing Roger to pay the attorney's fees and costs. Because Roger is not indigent, the order remains enforceable against him as the responsible party.
Frequently Asked2
Who qualifies as the responsible party under the Uniform Marriage and Divorce Act § 310?+
Either or both parents may be designated the responsible party and ordered to pay the appointed attorney's costs, fees, and disbursements. If the responsible party is indigent, the costs shift to the appropriate public agency instead.
Supporting sources
What happens if the responsible party in a custody case is found indigent?+
The court still appoints the attorney to represent the child, but the costs, fees, and disbursements are borne by the designated public agency rather than the indigent parent.
Supporting sources
Cases
Examples1
Son Signs Nursing-Home Contract
Richard Knight meets with a nursing-home administrator to arrange his mother's admission after she becomes incapacitated. The administrator requires Richard to sign the admission agreement as the responsible party before his mother can be admitted. The signature creates no personal guarantee obligation because federal law bars nursing homes from conditioning admission on a third-party payment guarantee.
Knight v. John Knox Manor, Inc.92 So.3d 111 (Ala. Civ. App. 2012)
Frequently Asked1
Can a nursing home enforce a responsible-party signature as a personal guarantee?+
No. Federal law prohibits nursing homes from requiring a third party to guarantee payment as a condition of admission, and any responsible-party provision that operates like a guarantee is unenforceable.
Supporting sources
TortsNegligence · Limitations on liability and special rules of liabilityUBEIntermediate