Who’s Responsible for Paying for Long-Term Care?

Long-Term CareDid you know that you could be on the hook for your parent’s long-term care expenses?

While these “filial responsibility” laws have rarely been enforced in the past, there’s a recent case where a court sided with an assisted living facility.  John Pittas, a restaurant owner, from Pennsylvania was sued in 2008 by his mother’s retirement home for over $92,000 of costs not paid.

According to the court, the nursing home could still sue Mr. Pittas even though his mother’s Medicaid application was pending at the time.  In addition, the facility chose not to sue the mother’s husband or John’s other siblings.

After several appeals, the Pennsylvania Supreme Court again ruled for the facility in March 2013.  Just last week, Mr. Pittas filed another appeal of this case claiming he did not have the funds to cover his mother’s costs.

There are 29 states with similar filial support laws that obligate adult children to foot the bill for their parents care, including North Carolina.  With 77 million baby boomers about to retire over the next two decades, chances are we will hear about more of these situations.

What can you do to prepare for Long-Term Care?

Elder law attorneys recommend that if you expect a parent to run short on resources to pay for assisted living costs, then to file the Medicaid application quickly.  Medicaid laws are complicated and require ample amounts of documentation to qualify for assistance.

More importantly, completing a financial plan will help you understand the current resources along with the potential cost of the long-term impact for both you and your parent’s financial situation.  Long-term care insurance could be another option depending on the overall cost and family history.

Photo credit: Ulrich Joho

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