| In general it's difficult to argue against the notion that | | | | even have sufficient minimum contacts with a distant |
| children who have the means should be willing to | | | | state for the courts there to have jurisdiction over you. |
| contribute to keep mom & dad when they no | | | | The Supreme Court has said the Constitution requires |
| longer can live on their own: the question is do we | | | | that you reasonably expect to be in court in a state or |
| want the state forcing that when costs have become | | | | it's unconstitutional to take you there--but if you default |
| astronomical? Well, 30 states have laws like that on | | | | on a distant lawsuit and there's a judgment rendered |
| the books that come under the heading of "filial | | | | it's presumptively valid. You will have it on your credit |
| responsibility" and these laws date back to what | | | | report and you will have to fight it if they try to bring it |
| England put on their books in the 1600s. If the parents | | | | to the state where you live. An important caveat: if |
| can't or won't pay, then to the extent adult children | | | | you set foot in the other state at any time, you could |
| have the ability to pay, these states' laws say they | | | | be served with papers and you would be able to be |
| must. | | | | sued there, regardless of your otherwise-minimal |
| Between 1965 and 2005, medicaid essentially covered | | | | contacts with the state. |
| nursing home care costs for the elderly, few questions | | | | These statutes present a painful Catch-22: If you don't |
| asked. But the Deficit Reduction act of 2005 changed | | | | have the money to pay, you could be relieved of |
| the parental asset transfer lookback to 5 years, now | | | | liability by showing up in court and fighting the situation, |
| parents entering a facility are required to prove they | | | | but you may not have the money to fight. |
| haven't made any asset transfers to children in that | | | | Pennsylvania has been the most aggressive state, but |
| time so the nursing home can collect state medicaid | | | | the statutes have also recently been enforced in |
| and the state can get reimbursed by the federal | | | | South Dakota. Pennsylvania's code says half your |
| government. All children have to be accounted for and | | | | disposable income is accessible to the nursing home. If |
| sign paperwork. Any asset transfers reduce medicaid | | | | you don't pay, you could spend 6 months in jail for |
| funding dollar for dollar. | | | | contempt of court. 27 Pa. CSA s. 4603. Laws vary in |
| As a result, nursing homes have been dusting off | | | | the 28 other states. |
| these old statutes and using them against patients' | | | | The laws can also produce a nightmare scenario: a |
| children when there are unpaid balances to collect. The | | | | favored sibling could take mom's money within the 5 |
| statutes pre-date the Constitution, and although they | | | | year lookback, spend it all and then more responsible |
| have been ruled constitutional despite attacks on | | | | siblings would also be on the hook for her care--the |
| several grounds, one notable ground that has not been | | | | laws look for a deep pocket, not who might be at fault |
| used to attack them is the constitutional prohibition | | | | for the nonpayment. |
| against acts of attainder. The notion would be that our | | | | If Pennsylvania medical providers remain successful in |
| Constitution stopped people from being prevented | | | | using the statute other states will probably dust off or |
| from inheriting from individuals who are out of favor | | | | even reenact their filial responsibility statutes. But even |
| with the government; it's perhaps a stronger case to | | | | if that doesn't happen, when parents go in the nursing |
| say that the government shouldn't allow money to be | | | | home children are often asked to obligate themselves |
| taken from the descendants of a parent who has | | | | (if the place isn't a run down establishment), regardless |
| done nothing wrong. | | | | of whether there's a filial responsibility statute. |
| In many ways the statutes seem surprising and unfair. | | | | A dozen or so states including Florida have |
| You have no control over who your parents are and | | | | state-administered insurance program to help families |
| little control over where they decide to live. Unlike a | | | | plan for nursing home care and another twenty are |
| divorce situation, you didn't voluntarily enter into any | | | | looking at them. Florida's program allows you to shelter |
| relationship with them, and unlike your children you didn't | | | | a dollar of assets by buying a dollar's worth of |
| choose to bring them into the world. But in most cases, | | | | coverage. |
| your parents will have supported you for a eighteen | | | | If you have aging parents, it's vital that you and your |
| years or more, and from that viewpoint there is an | | | | siblings begin to think now about what you may be |
| argument in favor of the nursing homes. | | | | facing in the future. Planning can make all the |
| Even if the statutes are enforceable, you may not | | | | difference. |