In Ohio, my bio dad went to a nursing home sometime after developing Alzheimer's. Not once did I ever get billed. He had a home no one could touch because he had a TOD which is transfer on death. He also had a life insurance policy which the nursing home also couldn't touch.
When my foster dad who later developed dementia and her to a nursing home, a professional guardian took over everything. My foster dad had nothing of value, just his federal benefits from Social Security, and the nursing home got that.
One friend who is right about my age was unemployed for years. When his mom entered a nursing home, he was never required to pay a dime toward his mom's nursing home care though he voluntarily did until his 401(k) funds ran out. He was never required to pay one dime of his own money for his mom's care, he did it voluntarily. When the money ran out in the nursing home kept sending him the bill, it just didn't get paid despite the letters that kept coming in the mail. As his legal representative at the time when he was trying to get Social Security for himself, I finally had to call the nursing home and put a stop to the harassing letters and the rising bills that he could no longer pay. As soon as I let them know there was no more money, they immediately had to cease contact at our request.
Then there's an elderly friend who was estranged from his son. He falsely accused his son of arson of his home which never happened, my elderly friend caused that fire. His family was never billed for any of his medical expenses or his nursing home bill. There are plenty of people around here in my town on Social Security and though some families who are able may voluntarily become responsible for their aging relatives, they're not required to, especially in the day where so many families are hurting financially and around here most families are. You can't force the bills of an aging relative on someone else, especially if they're raising children and working multiple jobs and scraping to get by. Even if they're financially able to take on a little bit of responsibility, you can't force them to drain the bank or their savings that they're keeping for their own future needs.
As long as the person needing care has no other means to pay for it, no, they can't go after the children at least not in Ohio unless they take personal responsibility (and this is voluntary). If you don't take personal responsibility, you're not held liable for someone else's medical bills. It would be wrong anywhere to go after the children especially if they're working and raising their own kids, kids are already expensive enough without having to pay for an aging relative's medical bills.
I'm very glad I got with an elder care attorney for my mother. My library actually has a copy of Mr. Heiser's book, and I can't wait to read through it.
Great article and I wish I had informed myself more. I was the care giver for my mother for 3 years - no help in caring for her. Before loosing my sanity I was able to get her in a private pay facility...all other facilities with a 15 mile radius were booked. I SINGED THE CONTRACT because she needed the help and I the relief. After six months I could only make partial payment, which they would not accept. It took me 6 months to get her in a state program and a new facility. Now Im being sued by the original facility for $19,000. Can I fight this and if so what type of attorney would prove right for the case? Thanks in advance for your time.
Probably totally misread the court, the judge, as they had won in arbitration. Huge mistake.
It's a cautionary tale of how arbitration can go wrong even if you "win", and in having legal that has experience in litigation at the state court level.
Why they didn't include his dad & siblings in shared responsibility is beyond me.
Mr Heiser - for Pittas wasn't it such that the situation was rather unique? The mom was early 60's so was not on Medicare or SS and was a citizen of Greece & she was in rehab from an auto accident that happened in PA. She wasn't the typical elderly mom in her 80's with Medicare & SS and perhaps a retirement as well, so that there is insurance & income to pay. To me pittas is more an indigent lawsuit. Pittas went to arbitration. - which I'd bet was in the admissions contract to be done - and Pittas won in arbitration. But HCA refused to accept arbitration and went for judge only lawsuit. I'd bet that Pittas & his legal felt that since they " won" in arbitration well they would prevail again before a judge. They didn't enjoin his siblings in sharing responsibility or name his father in sharing responsibility, he didn't establish his own expenses to offset a judgement. His atty imho
I have been married to my husband for 20 yrs he is 78, I am 69. we have no children together. would my children be expected to pay his bills since his children have lesser jobs of course this is after I pay what I can . he has been a vascular dementia patient that I have care for without any help from either side for 15 years. I also have a disability. we have planned for our futures but I am just interested because of the situation. we live in nj and florida.
Thank you for this information. Now I see why no one asked me to pay for my mother's expenses in New York , and I'm concerned about my daughter-in-law's responsibility for her father in another state with filial responsibility laws on the books.
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Filial Responsibility Laws and Medicaid
When my foster dad who later developed dementia and her to a nursing home, a professional guardian took over everything. My foster dad had nothing of value, just his federal benefits from Social Security, and the nursing home got that.
One friend who is right about my age was unemployed for years. When his mom entered a nursing home, he was never required to pay a dime toward his mom's nursing home care though he voluntarily did until his 401(k) funds ran out. He was never required to pay one dime of his own money for his mom's care, he did it voluntarily. When the money ran out in the nursing home kept sending him the bill, it just didn't get paid despite the letters that kept coming in the mail. As his legal representative at the time when he was trying to get Social Security for himself, I finally had to call the nursing home and put a stop to the harassing letters and the rising bills that he could no longer pay. As soon as I let them know there was no more money, they immediately had to cease contact at our request.
Then there's an elderly friend who was estranged from his son. He falsely accused his son of arson of his home which never happened, my elderly friend caused that fire. His family was never billed for any of his medical expenses or his nursing home bill. There are plenty of people around here in my town on Social Security and though some families who are able may voluntarily become responsible for their aging relatives, they're not required to, especially in the day where so many families are hurting financially and around here most families are. You can't force the bills of an aging relative on someone else, especially if they're raising children and working multiple jobs and scraping to get by. Even if they're financially able to take on a little bit of responsibility, you can't force them to drain the bank or their savings that they're keeping for their own future needs.
As long as the person needing care has no other means to pay for it, no, they can't go after the children at least not in Ohio unless they take personal responsibility (and this is voluntary). If you don't take personal responsibility, you're not held liable for someone else's medical bills. It would be wrong anywhere to go after the children especially if they're working and raising their own kids, kids are already expensive enough without having to pay for an aging relative's medical bills.
It's a cautionary tale of how arbitration can go wrong even if you "win", and in having legal that has experience in litigation at the state court level.
Why they didn't include his dad & siblings in shared responsibility is beyond me.