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A roundup of elder law news and practice development articles culled from news sources across the nation during the week of April 23, 2024, to April 29, 2024.
READ MOREThe Court of Appeals of Virginia upholds the decision of a lower court in a case concerning the Uniform Power of Attorney Act. In Doris Williams v. Carl Boggess, Esquire in His Capacity as Agent for Margarett Ward (Va. Ct.
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In a case involving an incapacitated adult resident of New Jersey who received services in a Pennsylvania residential facility, a Pennsylvania trial court rules that the facility’s claim against the resident’s elderly parents is controlled by New Jersey’s filial support law, which does not apply to parents over age 55. Melmark v. Schutt (Pa. C.P. Delaware, No. 13-001572, Sept. 16, 2016).
New Jersey resident Alexander Schutt has severe autism and requires one-on-one care. In 2001, the Princeton (New Jersey) Regional School District placed Alex in Melmark, a Pennsylvania residential facility that serves people with intellectual disabilities. Until he turned 21 in 2007, Alex’s services at Melmark were funded by the Princeton School District. After Alex turned 21, the New Jersey Department of Developmental Disabilities (NJ DDD) paid for the services that Alex received, and Alex forfeited most of his Social Security Disability Benefit to NJ DDD.
Beginning in spring 2011, a dispute arose between NJ DDD and Melmark over Melmark’s rates. NJ DDD terminated funding to Melmark on March 31, 2012, although discussions continued and Alex remained at Melmark until May 15, 2013, when Melmark transferred him to a New Jersey crisis center. Melmark claimed that both Alex, by and through his parents, New Jersey residents Clarence and Barbara Schutt, as guardians, and the parents, individually, were responsible for $205,236.38 that it was owed for Alex’s care after the NJ DDD ceased making payments on his behalf. Melmark sought payment pursuant to Pennsylvania’s filial support law, and equitable claims of unjust enrichment and quantum meruit. Alex and his parents argued that New Jersey’s filial support law should apply. While Pennsylvania’s support law places no age limits on either adult children or parents, New Jersey’s exempts parents over age 55 from the obligations of adult children, and the Schutts are both over age 55. The Court of Common Pleas, a Pennsylvania trial court, rejected Melmark’s motion for partial summary judgment on the question of the Schutt’s personal liability, and Melmark appealed.
With issues of fact that were in material dispute agreed to by joint stipulation of the parties, the same court conducts its choice of law analysis and concludes that New Jersey law controls in this case. The court determines that New Jersey had the most significant contacts or relationships, and that under that state’s laws the Schutts had “no legal obligation to care for their son in their individual capacity as his parents.” However, the court grants Melmark’s claims for unjust enrichment and quantum meruit to hold that Alex, by and through his legal guardians, owes Melmark $205,236.38, for the services that he received.
For the full text of this decision, click here.
For commentary on the case by Penn State Dickinson Law professor Katherine C. Pearson, click here. According to Prof. Pearson, Melmark has filed notice of intention to appeal this decision to Pennsylvania's Superior Court.
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