Pennsylvania Law May Put Family on the Hook for Long-Term Care Costs
Many folks in Pennsylvania may not be aware of a law that may put them on the hook for the cost of long-term care for senior family members who are not able to pay.
June 30, 2012
Pennsylvania Law May Put Family on the Hook for Long-Term Care CostsCaring for an elderly loved one comes with a lot of responsibilities and, at times, a lot of associated stress. One of the most important considerations an adult child may face regarding long-term care is cost, and if those responsible for caring for elderly loved ones do not create plans to handle the cost of long-term care, the situation can quickly become stressful. Many folks in Pennsylvania may not be aware of a law that may put them on the hook for the cost of long-term care for senior family members who are not able to pay.
Long-term care costs can approach $100,000 per year in our state, and while planning ahead can help reduce the pressure of paying for care, those who think they may not be in the position to help elderly parents may still find themselves liable for the costs of nursing home care. Pennsylvania's "Filial Support Law" can require family members to pay the long-term care costs of elderly parents in a long-term care facility. More than ever before, the law is being used to ensure that family members cover the costs of long-term care.
The Filial Support Law is more commonly known as Act 43, and under the law the spouse, the child, or the parent of an indigent person can be financially responsible to pay for the care of that person regardless of whether the person is under the care of the state. The law therefore strongly encourages adult children to help their parents be prepared for any long-term care needs they may need and how such care will be paid for.
The law does provide some defenses or exceptions to obligation of payment. According to Section 4603(a)(2) the obligation to financially support an indigent family member does not apply if the individual does not have "sufficient financial ability" to provide support. The obligation of support also does not apply if the parent abandoned the child for a period of ten years during childhood. The first exception is not easy to demonstrate and may require the help of a legal professional, and the second exception is too narrow to apply to many people. Therefore it seems that those who have the means to pay, may be financially liable for the care of older family members.
Older family members should work with an experienced elder law attorney to plan for long-term care needs and include adult children in the discussion so that family members are not unexpectedly pursued to pay for the long-term care of loved ones.
Article provided by Scott C. Painter
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