Colliton

tered 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. In a subsequent case an adult child caring for Mom in his home sued his brother and sister to have them contribute to the cost of care and won.

This means 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 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 but these are limited.

Finally, as an adult child of a parent who needs care, you should not ignore bills in a nursing home or personal care believing you could never be responsible. You want to know that bills are paid and that Medicaid, if it is a source of payment, is applied for and the information provided. Definitely do not wait until assets are low. Seek professional assistance early. This is a technical area, not to be left to chance. Family members should work together and discuss solutions where possible. In the long run you should not ignore your brother or sister and tell them to go it alone. This could affect you. For more, listen on Wednesdays at 4 p.m. to radio WCHE 1520, “50+ Planning Ahead,” with Janet Colliton, Certified Elder Law Attorney, Colliton Elder Law Assocs., PC and Phil McFadden, Home Instead Senior Care. Janet Colliton, Esq. limits her practice to elder law, Medicaid, Medicare, life care, special needs, and estate planning and administration with offices 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, cofounder of Life Transition Services LLC, a service for families with long term care needs.