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 and ask for David Frees or Douglas Kaune
email David at dfreees@utbf.com. Mention Code ELD OFFER to get
your complimentary evaluation
Mr. Frees or Mr. Kaune can offer you a complimentary
telephone or personal consultation to determine if the firm can
help your situation. Mention code: ELD OFFER.
