John Pittas
mother was injured in an auto accident and spent 6 months in Liberty Nursing
Home, a subsidiary of Health Care & Retirement Corporation of America (HCRA). In March 2008 she left the nursing home
and departed for Greece without paying the bill.
HCRA sued
John for his mother’s debt to the nursing home. Children can be responsible for
the unpaid cost of their parent’s care and maintenance under Pennsylvania’s
Indigent Support law (23
Pa.C.S.A §4603). The law, sometimes called a "filial support" law, specifies that certain relatives (including a child) "have the responsibility to care for and maintain or financially assist an indigent person." Courts in Pennsylvania have been allowing nursing homes and other providers of care to use this statute to sue children for the unpaid costs of the services they provided to the child's parent.
The trial court found John liable in the amount of $92,943.41. On May 7th a Pennsylvania Appeals court upheld the judgment. It said that John was liable because
the evidence showed that his mother could not pay her nursing home bill meaning she was “indigent”
under the law, and John had sufficient ability to support her. HCRA v.Pittas (Pennsylvania Superior Court, May 7, 2012).
The nursing home had applied for Medicaid benefits for the mother under the Pennsylvania Medical Assistance program. There was a problem with the Medicaid application and it was on appeal. But according to
the Court, HCRA could sue John even before his the mother’s appeal for Medical
Assistance payment was decided, and it was not required to sue Mrs. Pittas’ husband
or other children or consider their ability to contribute to the cost of her care. HCRA
could choose which family members to go after, and it could legally decide to
go after John alone.
The Appeals
Court noted that to qualify as "indigent" Mrs. Pittas didn’t need to be completely destitute and helpless. She was "indigent” for purposes of the Indigent Support law if she did not have
sufficient means to pay for her care and maintenance. If she didn’t have the
resources to pay for her own care, and John had the ability to provide support,
he was liable.
Children are
often surprised to learn that they can be held responsible for their parent’s
unpaid medical and care related expenses. It just doesn’t seem fair. But, whether
fair or not, the Pittas case shows that the child’s support obligation to the parent
is the law in Pennsylvania.
Children: be
warned. If your parent needs long term care and may someday be unable to pay for it, you should find out about your potential financial liability and what to do about it. If you live in Pennsylvania, you can consult with one of the certified
elder law attorneys at Marshall,
Parker and Associates. The first consultation is free of charge.
For More
Information
HCRA v.
Pittas (2012 Pa. Super 96, May 7, 2012).
Are
Children Liable for Parent's Nursing Home Costs?
Law Professor Pearson Explains the Pittas Case & PA's Filial Support Law (YouTube video)
Son hit with Aging Parent's 93k Nursing Home bill
Pennsylvania Man Appeals to Court to Avoid Paying Mom's $93,000 Nursing Home bill
AARP's list of states with filial support laws
Law Professor Pearson Explains the Pittas Case & PA's Filial Support Law (YouTube video)
Son hit with Aging Parent's 93k Nursing Home bill
Pennsylvania Man Appeals to Court to Avoid Paying Mom's $93,000 Nursing Home bill
AARP's list of states with filial support laws
2 comments:
My mother-in-law who lives in Philadelphia, has appointed her 21 year old granddaughter as her financial POA. My husband, her son, is concerned that if the granddaughter mismanages his mother's finances, he may be held responsible for mother's long term care expenses. Is this correct?
Trisha, depending on the circumstances, that is possible under the Pennsylvania law discussed in this article.
[Nothing in this article or comment should be taken as legal advice. No communication between Jeffrey A. Marshall and readers of this article and comments is to be inferred to cause an attorney client relationship. If you require legal assistance please contact an attorney who is licensed in your jurisdiction and knowledgeable in the area of law in which you require help.]
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