Pennsylvania’s Filial Support Law Makes Medicaid Planning a Family Responsibility

When an elderly person requires long-term residential care in a nursing home or similar facility, it can be very difficult on their children. Seeing one’s mother or father lose the ability to meet their daily needs is often heartbreaking. In Pennsylvania, the emotional toll might only be part of the burden that sons and daughters face if their parents require expensive care.  

The state’s filial support law places legal responsibility on adult children to pay for their parents’ medical and long-term care expenses if the parents themselves are unable to do so. This law, which is one of only a few similar laws still in effect across the United States, can potentially leave children responsible for their parents’ debts if the children have the means to pay them. This obligation can exist even after parents have passed away. With total bills from nursing homes or other long-term care services often reaching into six figures or even higher, sons and daughters could see their own financial stability shattered if sound plans are not in place to address these costs. 

For many families, Medicaid is the primary resource to pay for long-term care services. However, eligibility for Medicaid requires careful planning, as the program has strict asset and income limits. Without proper Medicaid planning, families may face unexpected denials of coverage or delays, forcing them to cover the costs out of pocket.   

One way families can protect themselves from being burdened over multiple generations by long-term care costs is by working with a knowledgeable Pennsylvania Medicaid planning attorney. At Abernethy & Hagerman, LLC, we advise families on trusts and other methods available to help reduce the amount of assets that are evaluated as part of the Medicaid eligibility process. It’s critical to understand that these arrangements must be made in advance of when your loved one requires long-term care. The government imposes a look-back period, so asset transfers that occur too close to the date where benefits are required might not be effective. 

Our experienced Western Pennsylvania attorneys are committed to helping our clients and their loved ones. We want you to preserve your family’s assets, while ensuring that your parents get the best long-term care possible in a nursing home or somewhere else. To discuss your options in light of your specific circumstances, Medicaid eligibility requirements and the reach of the state’s filial support law, please call 412-486-6624 or contact us online. We are located in Allison Park and serve clients throughout the area, including Gibsonia, Franklin Park, Bakerstown, West View, Hampton Township, McCandless Township, Wexford and

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