Many of my clients ask whether they are responsible for their parents’ nursing home bills. Many times they have already been asked by the nursing home Administrator to sign a personal guaranty. Now they are worried. Are they responsible for their parents’ debts? That’s not the way it’s supposed to work!
Depending on where you live, your state may indeed have a “filial support” law that could be used to go after you, the adult child, for your parents’ unpaid nursing home bills!
Pennsylvania is one those states that routinely uses the law to get families to pay for their elder’s bills or apply for Medicaid on their parents’ behalf. In many cases, nursing homes in Pennsylvania are using the law as leverage to get children to gather up their parents’ financial information and disclose their parents’ assets, including those transfered to their children’s names.
Usage in other states has been rare. But these powers exist and could be employed by providers and states getting more desperate for payment from overstretched Medicaid programs.
Florida does not currently have a filial responsibility statute, but that may change as Florida retirees, many of whom are living on Social Security income alone, age and require greater care.
For information on which states do have filial responsibility laws, see this helpful chart provided by AARP:http://assets.aarp.org/www.aarp.org_/articles/bulletin/interactive/filialpiety/index.html
The best defense agains such laws is Elder Law plannning. If your parents aren’t milliionaires, then early advice is essential. Possible early strategies include buying long-term care insurance before health issues begin. Setting up a Medicaid compliant trust might also work for your family, but this must be done long before the elder needs the nursing care.
Without planning, medicaid planning is in crisis mode – there may be fewer options to protect the family’s assets and adult children may be at the mercy of these filial support laws.
If you need help, call our office and ask to speak with our qualified Elder Law attorney. We are members of the National Association of Elder Law Attorneys.
Call Toll Free:
Debra G. Simms
1-877-447-4667
Orlando
Daytona Beach
