Are children of a nursing home resident financially responsible for mom or dad’s bill charged by the facility? An interesting question. Why was I thinking about this today? In 2020, the state of Ohio considered a case involving a son, whose father was receiving nursing home care paid for by Medicaid. Ohio decided that the son was not financially responsible, since he had not signed the admission contract as an individual but only as a Power of Attorney. A few years ago, the state of Pennsylvania determined that children were financially responsible for a parent’s care.
Why the difference? State-to-state differences in filial responsibility laws. These are laws established by a state requiring children of poor parents to support them wherever they may be found which includes costs for long term care. On the books “Poor Laws” exist in Alaska, Arkansas, California, Connecticut, Delaware, Georgia, Indiana, Iowa, Kentucky, Louisiana Massachusetts, Montana, Nevada, New Jersey, North Carolina, Ohio, Oregon Pennsylvania, Puerto Rico, South Dakota, Rhode Island, and Utah. Michigan has its own “Poor Laws” but defines a duty to support a “Poor Person” as limited to spouses and parents. Children are not included. Many of the above states do not currently enforce their “Poor Laws” but certainly could.
I strongly advise my clients who are children of an aged parent, or a spouse of an ill husband or wife, to never sign an admission contract as a “Responsible Party” as they may find themselves financially responsible for the patient’s care, “Poor laws” or no “Poor Laws.” Will the states change their mind and start enforcing their “Poor Laws?” Maybe. Meanwhile, as a good consumer, do not sign individually for the care of another. You may be facing a huge bill that will be yours.
If you have questions about nursing home costs or other concerns regarding a loved one in long-term care, call us for an appointment to discuss yur concerns. Call our Brighton office at (810) 229-0220 or our West Branch office at (989) 418-3500. We're here to help!