E
elaine1962 Posted December 2019
Does anyone know about the filial laws?
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mstrbill Dec 2019
Here's the deal WorriedinCali. IF Medicaid (LTC) is denied due to gifting to children and nursing home has not been paid for services rendered to the parent who was denied Medicaid, THEN NH has the right to sue children who were gifted money from the patient parent. That is law written in the statues in my state. So in that sense, filial law can apply. But only if LTC Medicaid was denied because of gifting and the giftees are the ones who can be sued . Otherwise, children and other family members who were not gifted money that caused LTC Medicaid to be denied or delayed are NOT responsible for paying for parent's care. They will not be forced to pay and there is no law that says they must do so. An exception may be if they somehow sign paperwork at the nursing home stating they would be financially responsible. Is that clear?
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auntsally Feb 2020
To anonymous839718: I too am in PA. My spouse had hired an elder attorney and was told because he is rated disabled by the VA, more than likely he keeps the home. If you have any experience or knowledge of things, please comment or msg me privately. Also anything with filial law changes please tell me. A couple of years ago something was submitted, but it never went further. I am ready to leave PA.
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pamzimmrrt Feb 2020
Well this really made me think, so I had to look it up in MD. Luckily it seems to have been repealed here a few years ago. It seems to have repealed in 2017
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