Question from a reader:
When my father was hospitalized, my name was written in the guarantor section without my consent. Recently, my father passed away from cancer, and I am troubled by a bill for hospitalization fees that has come from the hospital. Am I obligated to pay this cost?

Considering the Issue of a Guarantor’s Name Written Without Consent During
My Father’s Hospitalization

I sincerely offer my condolences for the recent loss of your father to cancer. I can imagine how shocked you must be to receive a bill for hospitalization fees. This issue is very complex from a legal standpoint and emotionally distressing as well. In this article, I would like to reflect on the responsibilities of a guarantor and the legal interpretations based on my knowledge and experience.

What is a Guarantor?

First, let’s clarify the basic concept of a guarantor. A guarantor is a person who assumes responsibility for a debt if the principal debtor fails to fulfill their obligations under a contract. For example, if your father was hospitalized and the hospital required a guarantor for the hospitalization fees, and your name was written in that section, you might be liable for that payment. However, the issue lies in the fact that your name was written “without consent.” Legally, a contract is established through mutual agreement, and if a name is written unilaterally, whether that contract is valid becomes a crucial point.

Requirements for Establishing a Guarantor Contract

Legally, the following requirements must be met for a guarantor contract to be established: 1. There must be an agreement: A contract is fundamentally based on the agreement between the parties. 2. Explicit confirmation: It is necessary to clearly understand and agree to the role of a guarantor. Since your name was written “without consent,” it is highly likely that an agreement was not formed. This means you may be able to assert that you are not a guarantor.

Practical Steps to Take

Now, how should you specifically address this situation? First, I recommend contacting the hospital directly. You might proceed with the following steps: 1. Inquire with the hospital: Bring the bill for hospitalization fees and consult with the hospital’s accounting department. Inform them that your name was written without your consent and explain the situation. 2. Gather written evidence: Prepare a copy of the guarantor section with your name and other relevant documents to include in your explanation. 3. Seek legal advice: If the hospital is uncooperative, I strongly recommend consulting a lawyer or judicial scrivener. They are legal experts who can provide specific advice.

Possibility of Legal Procedures

If negotiations with the hospital do not go well, you may need to consider legal procedures. The following actions could be taken: – Lawsuit for Confirmation of Non-Existence of Debt: You can initiate legal proceedings to prove that you are not a guarantor. This lawsuit seeks to have the creditor (in this case, the hospital) confirm that you do not owe the debt. This procedure may take time and money, but if you are not liable for payment, it is likely to yield a better outcome in the end.

Emotional Aspects

While I have focused on legal matters, the emotional aspects cannot be ignored. Facing the issue of hospitalization fees right after losing your father is truly painful. I, too, find that emotions often take precedence when family matters are involved. Financial issues have always troubled people’s hearts. Especially for you, having just lost a beloved family member, this is an even harsher reality. It is crucial to consult with those around you and professionals during such times. Have the courage to seek help instead of shouldering everything alone.

Conclusion

In conclusion, while I have considered the responsibilities of a guarantor and the legal perspective, what is ultimately most important is how you feel now and how you choose to move forward. Seeking legal advice is important, but at the same time, please do not forget about your emotional well-being. It is also essential to talk to trusted friends and family. I hope this issue is resolved quickly and that you find some peace of mind. My heartfelt prayers are with you.