Am I responsible for my parent's debt?

Text Size: - +

3 Comments

 Print

Email Email

Q: Are adult children responsible for the medical bills of their parents?

A: In 30 states, an adult child is legally responsible for the expenses of care of a parent, but such requirement is rarely enforced. However, recently nursing homes in both Pennsylvania and South Dakota have sued surviving children for the nursing home bills of their deceased parents.

To avoid such problems, the children should have applied for Medicaid coverage of the parent's nursing home expenses, since the income and assets of the children are not counted in determining the Medicaid eligibility of a parent. In addition, if the parent does become covered by Medicaid, upon the parent's death there is no liability of the children to pay back the state any of the money the state paid out on behalf of the parent while on Medicaid.


K. Gabriel Heiser is an elder law attorney and author of "How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets." Read his full biography

 
 

Comments

 
  •  Comments 1 to 3 of 3 
 
 

arose4yu

Give a Hug

Nov 5, 2009

So this is the filial responsilbity law? I know that my state of California has it, but when we had issues with our mom and her nursing home, the local ombudsman's office told me that we couldn't be held responsible for her bill (though it wasn't that much).

Wouldn't this violate the terms under the Nursing Reform Act of 1987? According to the University of Alabama Law --Families cannot be held responsible based on the Nursing Reform Act of 1987 (http://www.uaelderlaw.org/nursing.html) . I believe a reformed version of this bill is supposed to be reintroduced next year but I haven't had the chance to read it yet. I'd like to hear your perspective on this. Very interested. Thanks!

According to the Nursing Reform Act of 1987, under Federal law, a nursing home cannot require a co-signature of a financially responsible party guaranteeing payment to the nursing home as a mandatory condition for a resident’s admission. It is unfair and deceptive for a nursing home to assert or give the impression that it has the right to require a third-party co-signer for a nursing home resident’s charges.

 
 

shanghaifry

Give a Hug

Mar 4, 2010

Hi, my father recently applied for Medi-Cal and he has a "share of cost" of $600. When I inquired about the share of cost, they informed me as long as he was living at home, he would have to pay out $600 a month even if we didn't use any Medi-Cal benefits. But if he were to go into a nursing facility he would have to use almost all of his monthly SSI except $35.
My question, why would we still have to pay $600 a month even though we weren't using any benefits? Is this the way share of cost works? Thanks.

 
 

penguinlady5

Give a Hug

Aug 26, 2010

I moved my father from one nursing home to another. The person at the new nursing home did not get the SS paperwork done and the other nursing home sent my father's SS check back and then SS declared him dead (this was in July). Then my father passed in November and still the nursing home did not get it fixed. Well SS sent the money due to each of my father's children. The SS was to be used to pay for his nursing home bill but since the nursing home failed to get the paperwork done my siblings think they are entitled to keep their check and not pay the nursing home. Could they be taken to court for keeping the check or are they entitle to it since the nursing home failed to do what they were suppose to do? Thanks!

 
  •  Comments 1 to 3 of 3 

Add Your Comment

Find Senior Housing And Care That Fits You Needs

I am looking for:
Search location:











Housing


Care


Stay Connected

Sign up for our newsletter and receive practical tips and support for caregivers