Jane had a good childhood growing up in Virginia. However, she kept both an emotional and geographic distance from her mother for most of her adult life. The rift began after her parents’ divorce, which Jane blamed on her mother. They had only spoken a handful of times over the years. Jane’s mother missed many […]
Should You Fear the “Doctrine of Necessaries” Laws?
“In sickness and in health” . . . these words are part of most wedding vows, and caring for our spouses when they fall ill, including when they become frail and elderly or suffer from dementia, is something most married couples plan to do. They just don’t necessarily plan on having it bankrupt themselves and […]
Can a Friend or Cousin Get Sued if Someone Owes Money to a Nursing Home?
Q. Medical debt seems like a big issue these days, with myself and others I know struggling to pay medical bills. I heard that hospitals and nursing homes are suing more often to get their debts paid. Oddly, my friend in upstate New York is being sued by a nursing home for another friend’s debts. […]
Virginia Governor Vetoes Proposal to Repeal State’s Filial Responsibility Law
Q. My husband and I live in Virginia and are currently looking into options for long-term care for my mother, since she has dementia and it’s getting worse. I recently learned about Virginia’s filial responsibility law from articles on your blog. Am I correctly understanding that under this law, if my mother can’t pay for […]
Could you be on the Hook for Your Parent’s Nursing Home Bills in the DMV?
Q. My father, Jim, has had dementia for the past five years. As his condition is getting worse, we’re having trouble caring for him in our home, where he currently resides. I heard recently that if he goes into a nursing home and he can’t pay, then the nursing home can come after us (his […]
Maryland Repealed Filial Responsibility Laws. What’s Going on in Virginia?
—- Q. My mother has had dementia for the past three years. As her condition is getting worse, we’re having trouble caring for her at home. I heard recently that if she goes into a nursing home and she can’t pay, then the nursing home can come after us (her children) for the money. Is […]
Top 19 Articles of 2019
Those who read our newsletter or follow our blog know that we covered a lot of ground in 2019. This past year, the Federal Tax Act increased the federal estate and gift tax exemption from $11.18 million dollars per person to $11.4 million dollars per person ($22.8 million dollars per couple). On the gift tax […]
Are Filial Responsibility Laws Preempted by the Federal Nursing Home Reform Act?
In October 2010, Doris Pike was admitted to Corry Manor, a nursing home in Pennsylvania. At that time, her husband, Levere, signed an agreement with the facility, promising to use his wife’s assets to pay for nursing home care provided to her. The agreement also required Mr. Pike to assert that he had legal access […]
If You Don’t Visit Your Parents, It Could Affect Your Credit Score
Imagine you were really busy with your job, your children, and your everyday life (which is the case for many of us!). Your parents are in their 80’s and, although you love them very much, you rarely get to visit them, let alone call them. Then, you go to buy a car or refinance your […]
Mom Abused Me and is Not Indigent – Why Should I Have to Pay for Her Long-Term Care?
Filial Responsibility (by Michal Dziekan) Image Source: Wall Street Journal Dolly Eori, 90, of Westmoreland County, Pennsylvania, requires 24-hour care. She lives full-time with her son Joseph and suffers from cancer and Alzheimer’s. She is a widow and the mother of three adult children: Paulette Rush, Joshua Ryan, and Joseph Eori (who has Power of Attorney […]
Filial Responsibility
Q. I was on Avvo recently looking up “filial responsibility.” I saw you answered a question where a husband sued his wife’s children to pay him monthly for the care of their mother in a dementia unit, and they were ordered to pay him $2,000 a month over and above the actual cost of her […]
Filial Responsibility: Elderly Couple May Be Responsible For Son’s Medical Bills
Filial responsibility laws obligate adult children to pay for their indigent parents’ food, clothing, shelter and medical needs. When the children fail to do so, nursing homes, hospitals, and other creditors can file lawsuits against the adult children to recover the cost of caring for the parents. Not only can they sue the children for […]