Team 4: Law Holds Children Responsible For Parents' Nursing Home BillsPitt Law Professor Explains Pennsylvania's Filial Support LawPOSTED: 5:14 pm EST November 12,
2009 PITTSBURGH -- An obscure Pennsylvania law that hadn't been enforced in decades is suddenly alive again -- and it could cost you thousands of dollars.The law can force adult children to pay their elderly parents' nursing home bills, so if mom or dad can't pay, you have to pay.Team 4 investigative reporter Jim Parsons says it's known as the filial support law, and its origins date back hundreds of years. A handful of law firms around the state are suddenly using the filial support law to go after adult children whose parents owe money to nursing homes.Video -
More On Filial Support Law - Watch Jim Parsons' Interview With Lawrence Frolik Presbyterian SeniorCare in Oakmont was the first nursing home in Pennsylvania to use the filial support law in modern times."This was very much an extraordinary circumstance, and the approach we took was very much last resort," Presbyterian SeniorCare CEO Paul Winkler said.Presbyterian invoked the law to collect from a daughter who had transferred her mother's money to herself."So it seems pretty fair to go back to that child and say, having taken the money from your parent and left them destitute, you should now pay for your parent's needs," Frolik said.No one argues that Presbyterian used the law fairly. It's what happened after that case -- like what happened to Don Grant -- that has caused anxiety."This law does not make people happy," said Carol Sikov Gross, an elder law attorney. "It's one of those things we'd like to have it repealed."Sikov Gross has seen a growing number of filial support lawsuits filed by nursing homes in recent years."And these people come in finding out -- 'I thought I was safe, I thought I was protected, and suddenly, I've got to pay all this money for a bill that's not even my bill. It's my mother's bill. It's my father's bill. Why do I have to pay this bill?'" Sikov Gross said.The chairman of the House insurance committee said he didn't know anything about the filial support law until Team 4 told him. But when we did, he instantly said he wants to repeal it."If you could send me that information on behalf of the legislation, I certainly would introduce it because I think it's very unfair for family members to pick up debt that they haven't acquired," said state Rep. Tony DeLuca, D-Penn Hills.Don Grant couldn't agree more."I don't think anything can be done for me. However, I want Pennsylvania people to know about this thing," Grant said. "You're responsible for your own actions. You take care of it. Don't lay it off on somebody else. And if it got me, it'll get other people."What can you do to protect yourself and your loved ones from a nursing home that wants to collect?First, if you want mom and dad to qualify for medical assistance to pay for a nursing home, make sure their financial paperwork is in order. You'll need to show where and how every dollar of their money has been spent, going back five years.Number two: Don't let them give their house away to you or anyone else. That will disqualify them for assistance.And lastly, spend a few hundred bucks now and hire a good elder law attorney for advice. It could save you thousands later. Copyright 2009 by ThePittsburghChannel. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. |










