Why You Could Bear Responsibility for Settling Your Parents’ Medical Expenses

During her tenure as a Democratic member of Pennsylvania’s State House, Kristine Howard has championed various causes, from gun control to environmental protection. However, following the passing of her colleague Anthony M. DeLuca Sr., she took on his decade-long advocacy to reform an antiquated state law with the bill titled: “Stop Bankrupting Pennsylvanians Over Family Medical Bills” Act.

The law in question is Pennsylvania’s “filial support” law, a concept tracing back to colonial times, officially written into state law in 1937. This law holds financially capable individuals responsible for the medical and nursing home bills of destitute family members, including aging parents, adult children, and spouses.

“This law can catch many off guard,” says Howard, a 62-year-old attorney representing Chester County in eastern Pennsylvania.

While over half of the states and Puerto Rico have similar laws, most of them are rarely enforced but kept as a deterrent. This serves as a reminder to those considering avoiding familial obligations, whether it’s assisting with parents’ bills or providing hands-on care.

Pennsylvania’s law gained attention in 2012 when John Pittas was held liable for his mother’s unpaid nursing home bill of $93,000 after she moved abroad. Similarly, in 2019, a couple from New Jersey was found responsible for their son’s $205,000 care bill in Pennsylvania.

The variations in these laws are notable. While Pennsylvania primarily imposes a financial burden, other states consider neglecting parental support a criminal offense. For instance, Massachusetts fines individuals up to $200 and a year in prison, while North Carolina makes it a misdemeanor, potentially leading to jail time.

Despite limited enforcement, these laws remain largely unchanged due to their intended deterrent effect and economic considerations.

The growing costs of long-term care and gaps in coverage highlight the importance of Medicaid, which covers expenses for elderly individuals who have depleted their assets. However, Medicaid eligibility varies by state, necessitating careful financial planning.

While some seniors resort to giving away assets to qualify for Medicaid, stringent rules discourage last-minute transfers. Medicaid scrutinizes asset transfers made within a lookback period, typically 60 months, potentially rendering applicants ineligible for coverage.

In cases where seniors exhaust their funds and are denied Medicaid, nursing homes may pursue filial suits against adult children to cover care costs. Pennsylvania’s proposed legislation seeks to modify these laws, ensuring fairness by holding family members liable only if assets were concealed or if they fail to cooperate with Medicaid processes.

While filial laws remain controversial, most adult children voluntarily assume caregiving responsibilities for their aging parents, driven by moral rather than legal obligations. Pearson emphasizes that these laws are seldom relied upon by parents, who trust their children to fulfill their duties willingly.