Pennsylvania, as well as 28 other states, has laws making adult children responsible for their parents if their parents can’t afford to take care of themselves. The passage of the Deficit Reduction Act of 2005 made it more difficult to qualify for Medicaid, which means there may be more elderly individuals in nursing homes with no ability to pay for care. In response, nursing homes may use the filial responsibility laws as a way to recover the cost of care. These “filial responsibility” laws have rarely been enforced, however, in May 2012, a Pennsylvania appeals court found a son liable for his mother’s $93,000 nursing home bill under the state’s filial responsibility law. Health Care & Retirement Corporation of America v. Pittas (Pa. Super. Ct., No. 536 EDA 2011, May 7, 2012). In March 2013 the state’s Supreme Court declined to hear the case, meaning that the ruling is final.
Over the past 40 years, the Media elder law attorneys at Halligan & Keaton have worked with thousands of families to ensure the ongoing care of elderly and disabled family members. We understand the challenges you are experiencing today. More importantly, we know the challenges you will face in the future if action is not taken.
At Halligan & Keaton, in Media, Pennsylvania, we have more than 60 years of combined legal experience. We provide a free initial consultation to every client. To discuss your estate planning needs with an experienced lawyer, call our office at 610-566-6030 or contact us online. We will travel to your home, a long-term care facility or the hospital to meet with you.