Can an adult child be forced to pay for their parents nursing home?

Follow
Share

I've always understood that not to be the case; however I just saw an article stating otherwise. A man in New Jersey was sued by his moms nursing home for an unpaid $93,000 nursing home stay. He never signed anything. Now I'm scared to have mil in a nursing home.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
24

Answers

Show:
Helpful Answer (0)
Report

The case you may be referring to was HCR v. Pittas in Pennsylvania.
Yes, the nursing home sued and won $93K from the son.
His mother got well and she went back to Greece. He controlled all her money and he was evasive in court about what she had and where. Her Medicaid was "pending" when she left the country, so the NH did not get paid.
The nursing home actually sued all the children, but testimony revealed only one son had any knowledge or control of finances. He was ordered to pay up.
Helpful Answer (5)
Report

If depends upon where you live. Although rarely enforced, some states have family responsibility laws. It is why my siblings didn't want my parents to move to NC with me. NC, IA and GA (where we all live) DO have family responsibility laws. FL does not. Rather than take our personal experiences, which may not reflect your legal standing the best route is to contact an elder law attorney.
Helpful Answer (5)
Report

My attorney has told me that children are not responsible out of their own pockets for their parent's nursing home bills. It would have to come out of the parent's own assets and it appears that is what happened in the Pennsylvania case. If the parent has little or no assets, or they get spent down, then Medicaid takes over. Children can never be sued for their own money by the NH. That is one thing they can't do though I am sure they would greedily love that if they could.
Helpful Answer (4)
Report

There are laws on the books in 29 states that can enforce filial law and lawmakers are starting to debate the matter lately because of the surge of baby boomers needing care. Bottom line..dont sign as the guarantee on anything.
Helpful Answer (2)
Report

Great questions - in this case both @pamstegma and @katie222 are correct. Unless there is blatant fraud - everything is paid out of the person in care's assets. This is why it's also essential as an adult child not to have your finances co-mingled. This would also include any titled property.
Helpful Answer (2)
Report

No, except where fraud occurs.
Helpful Answer (1)
Report

Make sure you have those important documents in order. Powers of attorney first and foremost. See an elder law attorney to learn about laws in your state. Many will offer a free initial telephone consultation.
Helpful Answer (1)
Report

There's an expression that anyone can sue Mickey Mouse, but that doesn't make the suit valid.
Helpful Answer (1)
Report

I would have to say only if you specifically agreed to take financial responsibility and you actually signed an agreement would you be held financially responsible. Nursing homes can't hold someone responsible if they never agreed to take financial responsibility. I should know because when my bio dad went to a nursing home, I was never held financially responsible for the expenses.
Helpful Answer (1)
Report

See All Answers
This question has been closed for answers. Ask a New Question.
Related
Questions