Are You Responsible for Your Parents’ Nursing Home Bills?
In Pennsylvania The Answer Is Now Bad News For Many Families
Whether You Are Affluent or of Modest Means – You Now Have A New Concern in Pennsylvania – Being Responsible For Your Parents Nursing Home Bills and Expenses
Many people have asked through the years whether or not they are liable for the nursing home costs incurred by elderly parents.
And, for the most part, and as a practical matter, adult children have always been exempt from this responsibility.
However, medicaid rules have, for some years now imposed a duty on children where they have received gifts or transfers from their parents within five years of needing nursing home care.
And, in many ways that seems fair.
Why should a person be able to give away all of his or her assets and then claim to be qualified for a very expensive government benefit for the rest of his or her life?
However, in a recent Pennsylvania court case, this state has taken things to a new, dangerous, and in many people’s view, unfair level.
Pennsylvania, like 29 other states, does have a law on the books that can impose certain liabilities for parents debts on their children - depending on the child or children’s ability to pay.
However, in the recent case a $93,000.00 bill was imposed on the son even though he had not been the ongoing caregiver or handling their personal finances, and where he had an annual income of only $85,000.00. While a substantial income, it hardly seems sufficient to pay the $93,000.00 bill. Could you do that with your own personal responsibilities?
The court allowed that the nursing home could collect this “debt” even before a claim against medicaid the government provider of such care is even resolved.
Many legal analysts believe that this ruling may unleash a flood of litigation between nursing homes and family members.
So if you’re worried about being responsible for your parents massive nursing home bills, you now have good reason to be worried.
What’s the solution?
Planning in advance and discussing and considering long term care products, trusts planned well in advance, and other mechanisms customized to your particular needs and made flexible enough to deal with the changing laws and court rulings.
For more information about long term care and elder law planning options call 610-933-8069 to set up a consultation with one of our experienced elder law attorneys.
