A Pennsylvania appeals court recently found a son liable for
his mother's $93,000 nursing home bill under the state's filial responsibility
law.
His mother entered a nursing home for rehabilitation
following a car accident. She later left the nursing home and moved out of the
country, leaving a large portion of her bills unpaid. She filed an application
for Medicaid, which is still pending.
The nursing home sued the son, under the state's filial
support law, which requires a child to provide support for an indigent parent.
The trial court entered a verdict in favor of the nursing home, despite the
son's appeal arguing the court improperly put the burden of proving his
inability to support his mother on him, and that the court should have
considered alternate forms of payment such as Medicaid.
However, the verdict stood, as the Superior Court stated the
law does not require the court to consider other sources of income or to stay
its determination pending the resolution of a Medicaid claim.