Can a child be held liable for a parent’s health and long
term care expenses? In Pennsylvania, the
answer is yes, provided there is no other adequate source of payment (such as
Medicaid) for the care.
Pennsylvania law imposes an obligation on a child to provide
support for an indigent parent. Section 4603(a) of the Pennsylvania Domestic
Relations law says:
[A]ll of the following individuals have the responsibility to
care for and maintain or financially assist an indigent person, regardless of
whether the indigent person is a public charge:
(i) The spouse of the indigent person.
(ii) A child of the indigent person.
(iii) A parent of the indigent person.
The statute does not define the term “indigent person” but Pennsylvania
case law makes it clear that a person is indigent if they lack the financial
ability to meet their routine expenses, such as food, lodging and care needs.
If an indigent parent fails to qualify for Medicaid because
of transfers of assets or any other reason, children with the means to provide
support may be liable for the cost of care. Nursing homes and other care
facilities are authorized as parties who may seek relief. A nursing home or
assisted living facility in which the parent resides may have a strong
financial incentive to pursue the children for support. Over the last several
years, many such lawsuits have been filed in Pennsylvania.
Both parents and children need to be aware of this potential “filial”
liability. Children disregard their parents' health and financial circumstances
at the child’s peril. A lack of planning by the parent, or poor planning, or
general misinformation, can create this liability. When the need for long term care
arises, effective planning combined with
expert advice regarding the ever shifting Medicaid and support laws, can help protect
not only the parent's assets, but their children's finances as well.
Families should note that the child’s filial liability is based on Pennsylvania’s
family support laws, not Medicaid laws. While this liability can arise in
situations where a parent is ineligible for Medicaid due to a transfer of
assets, it can also arise where Medicaid and transfers are not involved. Consider the following example:
Mom has been residing in Green Meadows Assisted Living
Facility for the past 18 months. Mom’s
has income of $1,200 a month from Social Security. Green Meadows has a monthly
cost of $3,000 per month. This means
that there is a monthly shortfall of $1,800 between Mom’s income and the cost
of her care. Mom needs an assisted living level of care and is not nursing
facility clinically eligible, so Medicaid is not available. Mom has not
transferred any assets. When Mom exhausts her savings, the Pennsylvania Domestic
Relations Code authorizes Green Meadows to pursue an action against her children
for support to cover the shortfall.
Bottom line: You need to get expert advice from an elder law attorney if your parent needs long term care.
For more information:
·
Chapter 14 of ElderLaw in Pennsylvania 3rd Edition, (Jeffrey A. Marshall, Editor, PBI Press, 2011) has an in depth
discussion of filial support obligations in Pennsylvania.
·
The Pennsylvania
statute is codified at 23 Pa.C.S.A §§ 4601-4606 (2005) (Support for the
Indigent).
·
Pennsylvania cases
include, PresbyterianMedical Center v. Budd, 832 A.2d 1066 (Pa.Super.2003), Verna v. Verna, 432 A.2d 630, 288 Pa.
Super. 511 (1981); Albert Einstein
Medical Center v. Forman, 243A.3d 181, 212 Pa. Super 450 (1968); Commonwealth Home for the Jewish Aged v. Kotzker,
118 A.2d 271, 179 Pa. Super 521 (1955).
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