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About the legal responsibility adult children might be called to bear for their parents who wind up with nursing home or other care-related bills the parents can't cover...
Right now 30 states have "filial laws" which can hold children responsible even if they signed nothing legal...
Texas where we live and have a married son and Florida where we have a second home and a married daughter are not one of the 30 but guess they could be with right kind of legislation...
Only if associated with or following a hospital stay, and then not fully: it pays most/all for days 1-20, partially for days 21-100, zero past 100 days. In other words Medicare provides medical coverage but not long-term care.
One fairly recent case, Health Care & Retirement Corp. of America v. Pittas, highlights just how substantial the financial burden can be on children. Enforcing Pennsylvania's filial support laws, the defendant was found responsible for his mother's long-term-care bill from a skilled nursing facility, to the tune of $93,000.
My guess is they'd only go after you if you have assets.
These are the States:
Alaska
Kentucky
New Jersey
Tennessee
Arkansas
Louisiana
North Carolina
Utah
California
Maryland
North Dakota
Vermont
Connecticut
Massachusetts
Ohio
Virginia
Delaware
Mississippi
Oregon
West Virginia
Georgia
Montana
Pennsylvania
Indiana
Nevada
Rhode Island
Iowa
New Hampshire
South Dakota
The Pittas case is interesting. The family sued the nursing home for malpractice/neglect after Ms Pittas had a stroke during her stay. She had been admitted with both legs broken after a car accident. Head on collision. Wonder whose fault that was determined to be? Her husband, in the same accident, was in a coma for two weeks but apparently survived. They were reported to be in good health before the accident.
There are other children but only one is being sued by the facility. Ms Pittas went to Greece to stay with family after she left the nursing home. I didn't find any mention of Mr Pittas. Perhaps I didn't read far enough.
There is apparently a cap on what the facility can ask the son to pay which, for some reason, is being ignored by the courts. There must be more to the story
The son said that he had no idea that his parents were so poor. Part of the PA law is a requirement that children help indigent parents to enroll in Medicaid.
Most of the articles I read were 3 or 4 years old.
The Pittas case is interesting. The family sued the nursing home for malpractice/neglect after Ms Pittas had a stroke during her stay. She had been admitted with both legs broken after a car accident. Head on collision. Wonder whose fault that was determined to be? Her husband, in the same accident, was in a coma for two weeks but apparently survived. They were reported to be in good health before the accident.
There are other children but only one is being sued by the facility. Ms Pittas went to Greece to stay with family after she left the nursing home. I didn't find any mention of Mr Pittas. Perhaps I didn't read far enough.
There is apparently a cap on what the facility can ask the son to pay which, for some reason, is being ignored by the courts. There must be more to the story
The son said that he had no idea that his parents were so poor. Part of the PA law is a requirement that children help indigent parents to enroll in Medicaid.
Most of the articles I read were 3 or 4 years old.
You have some great points here as well. This Pittas case has more to the story than meets the eye.
One other point you didn't mention is the source loves2read used in the thread. It is an insurance story on Forbes in their investment section. Northwestern MutualVoice Team, Northwestern Mutual sounds is certainly subject to using a grain of salt to digest the complete story. It is not saying that this is a false story but I look at sources of the stories I hear. Usually they are benign but a good number of them have an agenda behind them. This is one I think.
Still it does make me pause and revisit the idea of LTCi. I will talk it over with the wife and our financial advisor in a short while. I have been on the fence on the issue of LTCi and go back and forth. I guess we will make a decision in the up coming weeks or so.
In that case, the son of a nursing home resident was held liable for paying his mother’s $93,000 nursing home bill when she fled the country. Ironically, neither the husband nor the other children of the nursing home resident were named as defendants Last year, the Pennsylvania Supreme Court refused to hear the appeal of the defendant son, and so now there is a precedent in pa.
but in another case in pa the reverse was done . creditors sued the parents for the bills when their son died in a home under the same laws ..
i am not sure how it works if the kids are in a state with filial laws but the parents are not . we have kids in new jersey which has the laws . we are in ny which does not .
Last edited by mathjak107; 05-28-2016 at 04:07 AM..
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