Can children be held responsible for their parents’ bills?

When parents enter a nursing home or assisted living, adult children are often confused regarding their responsibilities. Does it matter whether one of them signs Dad in? What is a “responsible party?” What is an “indemnitor?” Is it safe to be agent under power of attorney. One critical question in recent years is, under Pennsylvania law and a theory called “filial responsibility,” could children be found legally responsible for their parent’s debts? Does biological relationship alone bring with it responsibility for a parent’s nursing home or assisted living bills? In some cases it might. Here are some quick answers.

First, as to “responsible party” generally speaking you are responsible under the document you sign only to the extent of your parent’s assets, not yours. However, read the document. Even there, it is best to sign either using your parent’s name “by” your name or “as agent under power of attorney only.” You do not want to sign as “indemnitor” unless you are willing to pay your parent’s bills from your own personal funds.

Serving as agent under power of attorney does not require you to pay your parent’s bills from your own funds but does require you to act responsibly with their money. You serve as a “fiduciary,” someone with a special relationship who is expected to look out for your parent’s best interests and can be held accountable if you fail to so act.

In the category known as “filial responsibility” an adult child could some times be found responsible for a parent’s nursing or personal care bill just by reason of the relationship. It does not happen often but the way to protect yourself is to pay close attention to bills and make sure they are paid whether through your parent’s funds or Medicaid or other outside source. If the bill is being paid by Medicaid or otherwise, filial responsibility does not apply. A nursing home or personal care facility cannot receive payment twice for the same services. Therefore, if your parent is in a nursing home that takes Medicaid, it is extremely important that the application is done properly and promptly to avoid responsibility being claimed for you as an adult child.

In HCRA v. Pittas, a 2013 Pennsylvania Superior Court case, the Court entered a judgment of nearly $93,000 against a son of a nursing home resident under Pennsylvania’s “filial responsibility” law based only on the biological relationship of son to indigent parent. The Pennsylvania Supreme Court failed to take the case so the lower court’s decision stood.

The Pittas reasoning is not

necessarily limited to care in a nursing home or assisted living/personal care

home. In 2015, a case, Eori v. Eori, involved an adult child who was caring for Mom in his home. The care became too much for him and he asked for support from his brother and sister. When his brother

refused, the caregiver filed on behalf of Mom for support. He won.

Children who have distanced themselves from their parents and leave all the care and expense to one of their siblings might

be called upon to pay support in a similar way to the support they might now provide for their minor children or spouses.

Here are some things to know.

First, for filial responsibility to apply the parent has to be “indigent” but this does not require much. If a parent does not have enough to pay her bills, this qualifies as indigent.

Second, there are defenses to an action for filial responsibility but these relate either to inability to pay based on a formula given in the law or abandonment for an extended period of time, again based on the description in the law.

Importantly, as an adult child of a parent who needs care, you should not ignore bills believing you could never be responsible. You want to know that bills are paid. There is risk involved.

Finally, it pays to work together with other family members toward solutions wherever possible. Regular family meetings can help. Planning can help. If you need a professional, it is better to seek help earlier. Speak to a qualified elder law attorney. In the long run it may not be enough to say your brother or sister should go it alone. Janet Colliton, Esq. is a Certified Elder Law Attorney and limits her

practice, to elder law, retirement and estate planning, Medicaid, Medicare, life care, and special needs at 790 E. Market St., Suite 250, West Chester, Pa., 19382, 610-436-6674, colliton@ collitonlaw.com. She is a member of the National Academy of Elder Law Attorneys and, with Jeffrey Jones, CSA, co-founder of Life Transition Services, LLC, a service for families with long term care needs.

Tune in on Wednesdays at 4 p.m. to radio WCHE 1520, “50+ Planning Ahead,” with Janet Colliton, Colliton Elder Law Associates, and Phil McFadden, Home Instead Senior Care.