Am I responsible for my parent's debts?

[You Are Guilty]

What is the name of your state (only U.S. law)? PA (and SD, and others)

So let's say an elderly mother is involved in a car accident and as a result, is put into a ~$180K/year nursing home. She does not get approved for Medicaid and was left, like most people I imagine, unable to pay the bill. Let's further say that the nursing home then sues one (of several) of the lady's children, who did not sign a contract with the nursing home or otherwise agree to pay for her care, for the amount mom owes.

What result? (You might be surprised - look below the links for relevant statute)


Trial court decision:
http://www.pacourts.us/OpPosting/Superior/out/A36025_11.pdf

Appellate decision:
http://scholar.google.com/scholar_case?case=7766490713135740361&q=hcr+v.+pittas&hl=en&as_sdt=2,33

Further discussion:
http://issues.flemingandcurti.com/tag/family-responsibility/


Implication? Better be nice to mom and dad before they ring up a few hundred thou in debt and stick you with them.



Statute of Doom:

(a) Liability. --
(1) Except as set forth in paragraph (2), all of the following
individuals have the responsibility to care for and maintain or
financially assist an indigent person, regardless of whether the
indigent person is a public charge:
(i) The spouse of the indigent person.
(ii) A child of the indigent person.
(iii) A parent of the indigent person.
(2) Paragraph (1) does not apply in any of the following cases:
(i) If an individual does not have sufficient financial ability
to support the indigent person.
(ii) A child shall not be liable for the support of a parent
who abandoned the child and persisted in the
abandonment for a period of ten years during the child's
minority.

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.046.003.000..HTM

 

[Mass_Shyster]

Sounds like a good reason to stay out of PA.

 

[xylene]

Another reason not live in PA.

 

[tranquility]

While I would hate it if the state demands it, if my dad needed something, I'd sell all I have to get it. I try to live by keeping a positive balance in life by trying to give more than I get. Other than my mom and dad, I think I've been successful. But with them, I can't ever repay all I've been given. The law, for me, changes nothing. The reason I hate it if the state demands it is that I know others have not been so lucky at choosing their parents.

 

[LdiJ]

While I would hate it if the state demands it, if my dad needed something, I'd sell all I have to get it. I try to live by keeping a positive balance in life by trying to give more than I get. Other than my mom and dad, I think I've been successful. But with them, I can't ever repay all I've been given. The law, for me, changes nothing. The reason I hate it if the state demands it is that I know others have not been so lucky at choosing their parents.

Or even cannot provide support to their children if they are forced to support their parents. I certainly would not leave my mother in need, but I could not pay for a nursing home for her. I would have her living with me.

 

[tranquility]

I agree that dad and I would talk about his needs. Might be more realistic to be on the grilled cheese plan rather than the lobster plan.

 

[You Are Guilty]

Take special note of the fact that only one son was singled out as the deep pocket, despite the existence of multiple siblings. Sets an awfully dangerous precedent, particularly nowadays as states get more desperate for revenue every minute it seems.

 

[ecmst12]

Part 2(i) seems incredibly wide open to interpretation.