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:
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