Current Trends - Filial Responsibility Laws: A Sleeping Giant? - Episode 227

Hey there, Legal Tea Listeners – This is your host, Jenny Rozelle. Welcome back for another episode, which is a “current trends” topic where we talk about things going on currently that are relevant and pertinent to my estate and elder law world, and/or maybe things I’ve seen on the news or stumbled across on social media. Well today’s episode is going to be about something called filial responsibility laws – and it’s a topic I keep seeing talked about online, on social media, and I think it’s because of the state of healthcare in this country … and the cost of care in this country … but filial responsibility laws are also something a lot of people have not heard about either, so I figured because of ALL of this, let’s do a podcast episode on it. So, that’s today – what are filial responsibility laws, when do they apply, are they ever enforced, and where I could see them getting enforced in the future. Let’s dive in!

There is no better place to start than with this question: What Does "Filial Responsibility" Actually Mean? Let’s start with the basics. The word "filial" comes from the Latin words for "son" and "daughter." So, simply put, filial responsibility laws are state statutes/laws that hold adult children legally responsible for supporting their parents if those parents become "indigent," or poor. Historically, these laws have their roots in old English "Poor Laws," (which is kind of a not nice way to say it!) designed to prevent local governments from having to foot the bill for caring for the elderly poor. The intent was always to shift that cost onto the closest family members: the adult children. Essentially, the filial responsibility laws can mandate that adult children provide necessities like food, clothing, shelter, and most significantly, medical care, including long-term care and nursing home costs.

Now, before anyone panics, it's essential to understand two things right away: First, these are state laws, not federal, and second, not every state has them. When I can, since this podcast is based out of Indiana, I can confirm that here in Indiana, we DO have these “on the books.” Currently, nearly 30 states have some version of a filial responsibility law on the books, though they vary widely in their scope, strictness, and enforcement. States like Pennsylvania, Massachusetts, and Virginia are often cited as having some of the more well-known statutes.

Now, let’s talk about WHEN these laws apply? The better question may be, when do these laws actually kick in? This is where the term "indigent parent" comes into play. Generally speaking, they apply when a parent is unable to provide for their own basic needs and requires financial support. The most common scenario, and the one that causes the most concern, involves unpaid medical or long-term care bills. Imagine a parent entering a nursing home, runs out of funds, and is ineligible or waiting for Medicaid to kick in. The facility still needs to be paid, and that's when they might start looking at the adult children.

Here is a critical and kind of complex legal concept you need to be aware of: something called conflict of laws. Even if you live in a state withOUT filial laws—say, Florida—you could potentially be sued under the laws of the state where your parent resides or received the care—say, Pennsylvania. A nursing home in Pennsylvania could potentially try to sue you in a Pennsylvania court under their state's law. The legal jurisdiction can be tricky (so tricky, this is like a whole subject in law school), but it is a real possibility that savvy creditors COULD explore, making this an issue even for those who believe they live in a "safe" state.

So, let’s talk about enforcement – as in, are filial responsibility laws actually enforced and should you be worried? For decades, these laws were largely considered dormant or a legal artifact. This was largely due to the rise of federal safety net programs, particularly Medicaid, which pays for long-term care once an individual meets certain financial eligibility requirements. For most people, Medicaid is the ultimate financial safety net.

However, the conversation is heating up, and I refer to these kinds of laws as a "sleeping giant" for a reason. The cost of care is astronomical—somtimes over $10,000 a month in a nursing home—and we are seeing an increased willingness for facilities to use these laws. One of the most modern cases is the 2012 Pennsylvania case, Health Care & Retirement Corporation of America v. Pittas, where a son was successfully sued by a nursing home for the unpaid bill of his mother and ordered to pay approximately $93,000. While enforcement is rare, the Pittas case provided a very clear, modern precedent that these laws CAN be enforced. Nursing homes are becoming more aggressive in collection, and this is a viable legal avenue they can pursue when a parent leaves a large, unpaid debt.

If the laws are still on the books and we have a precedent for enforcement, where might we see increased use in the coming years? I see a few key areas. First, in cases of Medicaid planning failures. If a family attempts to shield assets but does so incorrectly, leaving the parent ineligible for a period, the facility may look to the adult child to recover the costs. Second, if a parent fails to apply for governmental benefits like Medicaid or Veterans benefits, the facility might argue the adult child should step in to cover the costs that benefits would have otherwise paid. And finally, as we saw in another landmark case, the "flight risk" parent—the one who leaves a facility with a large outstanding bill—creates a perfect scenario for the facility to pursue the most accessible deep pocket, which is often the financially stable adult child.

So, needless to say, filial responsibility laws is a bit of a sobering topic, but knowledge is power, and elder law is all about proactive planning. Here are some things to do or know about filial responsibility laws: First, know your state’s law: Immediately find out if your state and the state where your parents live have filial responsibility statutes. This is your first line of defense. Second, start the conversation early: The best defense is a solid plan. Discuss long-term care insurance, review your parents' assets, and consult with an experienced Elder Law Attorney to ensure a plan is in place to qualify for government benefits like Medicaid before a crisis hits. Third, sign smart at the facility: If a parent is entering a nursing home, do not sign the admission papers as the "responsible party" or "guarantor" of payment. Typically, it is advisable to only sign as the parent's agent or representative (if you hold a Power of Attorney) to ensure they are admitted, but not to take on personal financial liability. Fourth, act promptly with Power of Attorney: If you hold a Financial Power of Attorney, use it to ensure all benefits applications (like Medicaid) are filed immediately and correctly. Lastly, don't ignore debt collectors: If you start receiving collection letters related to your parent's care, consult an attorney immediately. These may be the first steps toward a filial responsibility lawsuit, and you need to respond legally and proactively.

This brings us to the core message of this episode: While filial responsibility laws may seem like a distant legal concept, the reality is that the rising cost of long-term care combined with aggressive debt collection practices is slowly waking this legal giant. These statutes, found in over half of U.S. states, have the potential to turn a parent’s medical debt into a personal financial burden for an adult child. The best defense is proactive estate and elder law planning—like, understanding the legal landscape in the states where you and your parents reside, initiating timely Medicaid and benefit applications, and most importantly, consulting with a qualified elder law attorney to ensure the correct legal documents and plans are in place BEFORE a financial crisis makes this dormant law a very real, very expensive threat.

Alrighty, let’s wrap this episode up, shall we? Next week, we’re back to the “celebrity estate planning” type of episode – so, for this episode, I’m probably going to do an episode on the estate of Wellington Burt, a wealthy lumber tycoon who, let’s call it, played a little game with his heirs/beneficiaries. So yeah, next week will be on him, so tune in next week, Legal Tea Listeners. Talk to you then!

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