What is Filial Law? Will it Affect You?
In 29 States with filial responsibility laws create statutory liability for children of the long term care patients. In other words, take notice of the period of time between the patient of long term care runs out of money and when they can qualify for Medicaid.
In these 29 states, Indiana, Kentucky, and Ohio included, adult children of the patient can be legally responsible for the money owed to the facility. This is a law on the books within these 29 states but not enforced until May 2012 in Pennsylvania (Health Care & Retirement Corp. of America v. John Pittas).
With the federal and state governments running up debts, they may start to enforce the law more and more in the future. Whether you think states should seek to recover the expenses or not, you should be aware of the law.
Proper estate planning with a qualified estate planner can expose such liability.
Get Informed! For a complete listing of the states included go to: