Most adults believe that when a parent dies due to debt, the debt also dies with them. Generally, this is true. But there is one exception in American family law that is often overlooked: filial responsibility.
These dormant laws, dating back to 17th century England, are resurfacing. In more than two dozen states, nursing homes are using them to sue adult children for their parents’ unpaid medical bills — and they’re winning.
Filial responsibility laws impose a legal duty on adult children to support their indigent parents. Although these laws were originally created to keep the elderly off public assistance, they never left the books.
according to world population reviewThese laws allow third-party creditors such as nursing homes to sue children for the remaining balance if the parents cannot pay for their care and do not qualify for Medicaid.
$93,000 warning
For decades, nursing homes rarely enforced these rules because Medicaid usually took the lead. But as Medicaid rules become stricter, facilities are becoming more aggressive.
The most famous example is a Pennsylvania case in which a woman left the country with a nursing home bill of $93,000. The facility sued her adult son, John Pittas.
The court ruled that under Pennsylvania’s filial support law, John was liable for the entire debt. It didn’t matter that he hadn’t signed any guarantee to take care of his mother. He had the ability to pay, so he was in trouble.
How to protect your property
If your parents live in a state with active enforcement, you would be wise to remain vigilant. This way:
Watch what you sign.
- When admitting a parent into a care facility, you will see a line for a responsible party or guarantor. If you sign as a guarantor, you voluntarily agree to pay the bill with your own money. Never sign this. Sign only as a representative or agent – meaning you’ll use your parents’ money to pay their bills.
Double-check the Medicaid application.
- Most lawsuits occur when Medicaid is denied because of technical errors or ineligible asset transfers. If coverage is denied, the nursing home looks for someone else to pay. Make sure the app is bulletproof.
Talk to an expert.
- If your parents live in a state like Pennsylvania, don’t rely on Internet searches. You need a qualified attorney in elder law to help you structure your parent’s estate to ensure Medicaid eligibility and protect you from personal liability.
Is your state on the list?
While enforcement varies wildly, according to World Population Review – Pennsylvania is the most aggressive – the following states currently have filial responsibility laws on the books:
- alaska
- arkansas
- California
- connecticut
- delaware
- Georgia
- Indiana
- kentucky
- louisiana
- maryland
- Massachusetts
- mississippi
- nevada
- new Hampshire
- new Jersey
- North Carolina
- North Dakota
- ohio
- oregon
- pennsylvania
- Rhode Island
- South Dakota
- Tennessee
- Vermont
- Virginia
- West Virginia
If your parent lives in one of these places, you may want to check with a legal professional before determining whether care is necessary.