Most families assume that parents are solely responsible for their own long-term care costs—but that’s not always true. In some states, adult children can be legally required to cover a parent’s medical or nursing home expenses if they can’t pay. These little-known “filial responsibility” laws date back centuries but still exist in over half the country. According to the National Center for State Courts (NCSC), 26 states currently have statutes that could hold children financially accountable for aging parents’ care. While enforcement is rare, cases do happen—and the consequences can be serious.
What Filial Responsibility Laws Mean
Filial responsibility laws require adult children to provide financial support for indigent parents. These laws predate federal programs like Medicaid and were designed to prevent older adults from becoming public charges. In modern times, they typically apply when a parent has unpaid nursing home or medical bills. A few states even allow care facilities to sue children for reimbursement if public benefits don’t cover costs.
States Where the Laws Still Exist
Filial laws are still on the books in states like Pennsylvania, South Dakota, North Carolina, and Virginia. In most states, these laws are dormant unless the parent is truly destitute and the adult child has sufficient means. Still, the possibility makes advance planning essential. For example, always read nursing home contracts. Sometimes children sign an agreement affirming that they will assist their parent in paying for a nursing home. The nursing home might opt to sue them for breach of contract if the parents cannot cover the costs of care.
Medicaid’s Role in Long-Term Care Costs
Medicaid typically steps in once an older adult’s assets fall below state eligibility thresholds. But before that point, unpaid care expenses can accumulate quickly. Medicaid is needs-based and requires applicants to “spend down” assets before qualifying. If a parent’s income or savings exceed limits, nursing homes may pursue family members for payment—particularly in filial-responsibility states.
Legal Precedents and Real-World Cases
In a landmark 2012 Pennsylvania case, Health Care & Retirement Corp. v. Pittas, a son was held liable for nearly $93,000 in his mother’s unpaid nursing home bills. The Pennsylvania Superior Court ruled that the state’s filial law allowed the facility to collect from any financially capable relative. Although such cases remain rare, the decision set a precedent that could influence similar suits elsewhere. Other states, including North Carolina and Maryland, have statutes on the books that allow—but rarely enforce—similar actions.
Protecting Yourself and Your Parents
To minimize potential liability, families should address long-term care planning early. Parents can explore long-term care insurance, trusts, or Medicaid planning at least five years before needing care. Adult children should encourage parents to document assets and discuss payment options before a crisis. Having legal powers of attorney and clear communication can prevent confusion or disputes later.
Talking About the “Money Question” Openly
While it’s uncomfortable to discuss, clarity today prevents legal and emotional strain tomorrow. Families should talk through expectations—who will manage care, finances, and emergency decisions—before a parent’s health declines. Treating the topic as shared problem-solving, not blame, builds cooperation and helps avoid guilt or resentment if financial obligations arise.
Understanding Responsibility Before It’s Too Late
Filial laws may seem outdated, but they still hold legal power in several states. Knowing where your state stands—and planning accordingly—can prevent financial surprises down the road. Protecting your parents shouldn’t come at the cost of jeopardizing your own retirement or savings.
Have you or your family encountered unexpected long-term care costs? Share your experience in the comments.
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