Wednesday, May 15, 2013

Son Liable for Nursing Home Bill Under Filial Responsibility Law

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.


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