Most adults assume that when a parent dies with debt, the debt dies with them. Generally, that’s true. But there’s an often-overlooked exception in American family law: filial responsibility.
These dormant statutes, which date back to 17th-century England, are resurfacing. In more than two dozen states, nursing homes are using them to sue adult children for their parents’ unpaid medical bills — and they’re winning.
Filial responsibility laws impose a legal duty on adult children to support their impoverished parents. While these laws were originally designed to keep the elderly off public assistance, they never left the books.
According to World Population Review, these statutes allow third-party creditors like nursing homes to sue children for the balance if a parent cannot pay for their own care and does not qualify for Medicaid.
The $93,000 warning
For decades, nursing homes rarely enforced these rules because Medicaid usually stepped in. But as Medicaid rules tighten, facilities are becoming more aggressive.
The most famous example is a Pennsylvania case in which a woman left the country with a $93,000 unpaid nursing home bill. The facility sued her adult son, John Pittas.
The court ruled that under Pennsylvania’s filial support law, John was liable for the entire debt. It didn’t matter that he hadn’t signed any guarantee for his mother’s care. He had the ability to pay, so he was on the hook.
How to protect your assets
You’d be wise to stay vigilant if your parents live in a state with active enforcement. Here’s how:
Watch what you sign.
- When admitting a parent to a care facility, you’ll see a line for a responsible party or guarantor. If you sign as a guarantor, you’re voluntarily agreeing to pay the bill with your own funds. Never sign this. Sign only as a representative or agent — meaning you’ll use your parent’s money to pay their bills.
Double-check the Medicaid application.
- Most lawsuits happen when Medicaid is denied due to technical errors or disqualifying asset transfers. If coverage is denied, the nursing home looks for someone else to pay. Ensure the application is bulletproof.
Speak to an expert.
- If your parents live in a state like Pennsylvania, don’t rely on internet searches. You need a qualified attorney in elder law to help structure your parents’ assets to ensure Medicaid eligibility and shield you from personal liability.
Is your state on the list?
While enforcement varies wildly — with Pennsylvania being the most aggressive — the following states currently have filial responsibility laws on the books, according to World Population Review:
- Alaska
- Arkansas
- California
- Connecticut
- Delaware
- Georgia
- Indiana
- Kentucky
- Louisiana
- Maryland
- Massachusetts
- Mississippi
- Nevada
- New Hampshire
- New Jersey
- North Carolina
- North Dakota
- Ohio
- Oregon
- Pennsylvania
- Rhode Island
- South Dakota
- Tennessee
- Vermont
- Virginia
- West Virginia
If your parent resides in one of these locations, you might want to check with a legal professional before care becomes necessary.
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