Can I Be Held Financially Responsible for My Aging Parent’s Nursing Home Costs?

As you watch an aging parent transition to a nursing home or other long-term care facility in the greater Philadelphia or South New Jersey areas, you likely have many questions. You are focused on their care and well-being. Still, a pressing financial question often arises: Can you be held financially responsible for your aging parent’s nursing home costs? 

Many adult children ask themselves this question. The answer involves a set of laws called filial responsibility laws. 

These laws, which exist in various forms in some states, can legally obligate adult children to support their parents financially. The existence and enforcement of these laws vary significantly between states like Pennsylvania and New Jersey. We understand this is a complex and sensitive issue. We want to help you understand your legal duties and options.

What Are Filial Responsibility Laws?

Filial responsibility laws, sometimes called “filial support laws,” are statutes that legally obligate adult children to provide for their impoverished parents. These laws have a long history, tracing back to the Elizabethan Poor Law of 1601. They were initially designed to prevent impoverished parents from becoming a burden on the state, but their modern application, especially in the context of nursing home bills, can be a significant concern for families.

Today, most states have repealed these laws or do not actively enforce them. While their enforcement history differs, Pennsylvania and New Jersey have them on the books. The laws focus on a parent who is “indigent,” meaning they lack the financial means to support themselves. The amount of support, if any, is usually determined by a court based on the adult child’s financial ability.

What is the Law in Pennsylvania?

Pennsylvania has one of the country’s more expansive and frequently enforced filial responsibility laws. The law, found in Title 62, Section 1973 of the Pennsylvania Consolidated Statutes, provides that adult children are responsible for “care for and maintain or financially assist” their “indigent” parents. This statute can allow a long-term care facility to sue a parent’s adult child for the unpaid nursing home bills.

A key case that put this law in the spotlight was a 2012 Pennsylvania Superior Court decision. In that case, a son was held liable for nearly $93,000 in unpaid nursing home costs for his mother. The court ruled that the nursing home had the right to pursue a lawsuit against the son, even though the mother had other children and a spouse. This case highlights Pennsylvania residents’ real risk and underscores the importance of proactive legal and financial planning. It is not something to be taken lightly.

This law does have some exceptions. A child is not required to provide support if they lack the financial ability. Another exception exists if the parent in question abandoned the child and “persisted in the abandonment” for ten or more years while the child was a minor. These are particular circumstances, and it is crucial to understand that, unless an exception applies, the financial risk is real for adult children in Pennsylvania.

What is the Law in New Jersey?

While New Jersey also has filial responsibility laws, their practical application differs from Pennsylvania’s. The statutes, such as N.J.S.A. 44:4-100, allow a public entity, like a municipal director of welfare or a county welfare board, to seek support from certain relatives for someone who cannot support themselves.

Unlike Pennsylvania, there have been very few, if any, recent cases where a private nursing home successfully sued an adult child for their parent’s long-term care costs based on this law. New Jersey’s law has historically focused on public entities recovering funds. For many years, legal experts in New Jersey have considered this law largely unenforced against private debt. This does not mean the law has been repealed. Still, it does mean the legal landscape for adult children in New Jersey is significantly less risky than it is across the river in Pennsylvania.

How Do Medicaid and Other Options Fit In?

Regardless of your state, the high cost of nursing home care makes it a financial challenge for most families. A significant way to address this is through Medicaid. Medicaid is a joint federal and state program that provides health coverage to low-income individuals, including long-term care in nursing homes. To qualify, a person must meet strict income and asset limits.

Many people must “spend down” their assets to become eligible for Medicaid. This process involves using savings to pay for care or converting countable assets into non-countable ones, like prepaying funeral expenses or paying off debt. A key aspect of Medicaid planning is the “look-back” period. Both Pennsylvania and New Jersey have a five-year look-back period. This means that when a person applies for Medicaid, the state reviews all financial transfers made for less than fair market value in the previous five years. If assets were transferred, a penalty period of ineligibility for Medicaid might be imposed.

This is a critical point. Without proper planning, a family might transfer assets to an adult child to avoid paying for care, only to find that this action makes the parent ineligible for Medicaid for an extended period of time. This can leave the family in a difficult financial situation.

Contact Us for Help Protecting What Matters Most

The financial concerns surrounding an aging parent’s care are real and can be complex. In Pennsylvania, the threat of a lawsuit under filial responsibility laws is a major factor to consider. Even in New Jersey, while the law is not typically enforced against private debt, the financial burden of long-term care remains a serious issue. Understanding your options and making a plan well in advance is the most effective way to protect your family’s finances and ensure your parent receives the care they need.

At Bratton Law Group, we understand the emotional and financial stress that comes with these situations. We are not your typical law firm. We get it; we all have something to protect. Whether it is your children, home, or aging parent, we are here to listen to your goals and story. We help families in Philadelphia, Cherry Hill, Trenton, and Linwood navigate these legal waters with compassion and expertise. We can explain your options, including life care planning, asset protection, and tax strategies. We believe in being transparent about our services, which is why we offer some à la carte and flat-fee options, giving you a clear understanding of the costs involved as we work together to protect what matters most to you.

We invite you to contact us if you are concerned about your legal or financial obligations for an aging parent. We can help you create a plan that provides the protection and care your family deserves. Click to call our team today at 856-770-2744.