#EstatePlanning #NursingHomeDebt #FilialResponsibility
Hey there, fellow Washingtonian! 🌲 Have you heard about the recent law passed in Pennsylvania regarding being responsible for a parent’s unpaid nursing home debt? It’s got me feeling a little anxious about my own situation.
I’ve been estranged from my father for some time now due to personal reasons, and I want to be proactive in protecting myself from any potential healthcare debt he may amass in the future. Here are a few tips that might help you navigate this complex situation:
– Look into setting up a legal agreement with your father to clarify financial responsibilities and ensure your own assets are protected.
– Consider consulting with a lawyer or financial advisor specializing in estate planning to discuss your options.
– Stay informed about any developments in Washington state that may affect filial responsibility laws.
I’m also curious to know if Pennsylvania is the only state with this kind of law. Let’s open up the discussion and share our insights on how to safeguard ourselves from unexpected financial burdens. 💡 Any other Washingtonians concerned about this issue? Let’s chat!
Other states have them even in Pennsylvania it’s rarely enforced. Keep in mind in the high profile case that causes everyone to worry the guy they actually went after, they went after because he refused to fill out the paperwork and provide necessary information for Medicaid to pay for the bill. Then helped his mother leave the country. It’s also been pretty heavily implied the guy was an asshat to the nursing home and that is why they made an example out of him. They almost certainly spent more in legal fees with all the appeals than they recovered.
Is he in a nursing (or other long term living) home? PA’s filial responsibility law usually occurs in relation to those living costs, not generic medical debt (e.g., hospital treatments for cancer). With that said, it doesn’t matter if your state has such a law. The law that matters is PA’s, if that’s where he’s located. Whether a nursing home would pursue a lawsuit for costs against someone across the country can’t really be estimated. You would want to confer with a PA attorney if you are concerned his debts are applicable to the law and if estrangement would qualify for exemption.
NAL but I’ve heard of a case where a nursing home attempted to collect payment from a former patients children. The parent was in PA and died in the nursing home. Medicare had stopped paying for the patient (likely due to the length of stay) and the nursing home was trying to recover the difference of what was still “owed”.
The children had moved out of state and in similar fashion had been estranged for many years, due to the behavior of the parent. They had to prove they were estranged from the parent, and the suit was dismissed on their side. No idea if the nursing facility filed against the estate or not.
IMO you should consult a lawyer in your area first. Ask them if this would be something they could handle or if you would need referral to a PA lawyer.
I would get a consultation sooner rather than later. I know people say that this law is rarely used, but it seems like it’s becoming increasingly common. In the case above, these people had zero contact so it isn’t like they visited or caused any issues with the facility. The facility still chose to try to get monies from the children despite the fact that they were across the country. Any facilities that are in financial distress may choose this route to force payment. Frankly, a lot of medical places are not doing well in general. I would not wager on them leaving you alone especially if a long term care facility is evolved.
Around thirty states currently have filial responsibility laws on the books. Very few of those laws are recently passed, which makes me wonder what you’re referring to when you say the law passed in Pennsylvania, as if it were new. That law in Pennsylvania was passed in and has been on the books since 1771, and is the most powerful filial responsibility statute in the country. It’s also one of the only state’s filial responsibility laws that is widely enforced.
Anyway, Washington is not one of the states with filial responsibility laws, and the likelihood of that type of law being passed now is extremely low, so you have little to worry about.