Pennsylvania Filial Responsibility Law

Pennsylvania Filial Responsibility Law

The Pennsylvania Superior Court case Health Care & Retirement Corp. of America v. John Pittas, 46 A.3d 719 (Pa.Super. 2012), addressed whether an adult son could be held financially responsible for his mother's unpaid $92,943.41 long-term care bill under Pennsylvania’s filial responsibility statute (23 Pa. C.S.A. § 4603).

Factual Background:
After rehabilitation for a car accident, John Pittas’s mother received skilled nursing care at Liberty Nursing & Rehabilitation Center, operated by Health Care & Retirement Corporation (HCR), from September 2007 until March 2008. When she moved to Greece, she left a substantial bill unpaid. HCR filed a filial support action against her son, Pittas, seeking to recover the debt.

Procedural History:
Initially, an arbitration panel ruled in favor of Pittas. However, HCR appealed to the trial court, which held a three-day bench trial. The court ruled in favor of HCR and entered judgment against Pittas for $92,943.41. Pittas then appealed, raising three issues.

Legal Issues on Appeal:

1. Burden of Proof Regarding Ability to Pay:
   Pittas argued the trial court incorrectly placed the burden on him to prove that he could not afford to support his mother. The Superior Court agreed that, under § 4603, the plaintiff (HCR) bears the burden to prove the adult child’s financial ability. However, the court concluded that HCR met this burden by presenting Pittas’s tax returns and bank statements, which showed a net income exceeding $85,000 and a history of paying off a tax lien. Since Pittas provided little credible evidence to refute this, the trial court's findings were upheld.

1. Consideration of Alternate Income Sources:
   Pittas contended the court should have evaluated whether his mother’s husband, other adult children, or potential Medicaid benefits could have covered the costs. The court rejected this argument, noting that § 4603 imposes joint and several liability on adult children, and the statute does not require courts to first consider other sources. Pittas could have joined other potentially liable parties but failed to do so. Moreover, the pending Medicaid appeal did not preclude the court from ruling on the filial responsibility claim.
2. Sufficiency of Evidence that Mother Was Indigent:
   Pittas challenged the determination that his mother was indigent, arguing that a single bank statement and admission documents were insufficient. The court applied the common-law definition of indigence (inability to pay for one’s care) and found that her monthly income of about $1,000 from Social Security and VA benefits was inadequate. Pittas failed to produce evidence to the contrary.

Conclusion:
The Superior Court affirmed the lower court’s judgment, holding Pittas liable for his mother’s unpaid nursing home bill. This case reinforced the enforceability of Pennsylvania’s filial responsibility law, which can require adult children to financially support indigent parents, regardless of the availability of other resources or pending government assistance applications.

Pennsylvania is one of the few states that actively enforces filial responsibility laws, which can hold adult children financially responsible for the care costs of indigent parents. Under 23 Pa. C.S. § 4603, a child may be legally obligated to pay for a parent’s unpaid nursing home or medical expenses unless:

• The parent abandoned the child for 10+ years during the child’s minority.
• The child lacks sufficient financial ability to support the indigent person.

This means failure to plan ahead—especially for long-term care—can lead to multi-generational financial liability. Nursing homes and state agencies in Pennsylvania have used this law in court to compel children to pay bills, making proactive elder care and Medicaid planning even more crucial.

Take steps now to review your financial and estate plan so you are ready to navigate these obligations with control.

For Informational Purposes only and not for legal or tax advice.

About the Author – Marie Feindt, JD 

Marie Feindt is the Planning Specialist – Estate Attorney at Members’ Wealth, a boutique wealth management firm that offers a comprehensive and holistic approach to serving individuals, families, business owners, and institutions. The firm’s goal is to preserve and grow its clients’ wealth to endure over time, while thoughtfully evolving its strategy to suit an ever-changing world. With over 20 years of estate planning experience, Marie and the Members’ Wealth team thrive on bringing clarity and confidence to clients’ unique situations. She believes everyone, young adults and older, need the essential documents to conserve and preserve and transfer assets accumulated during lifetime to the next generation.

Marie received her JD from Widener University School of Law, her bachelor’s degree from Penn State University, University Park and is currently enrolled in the Villanova University Charles Widger School of Law Graduate Tax Program.

Marie is an Adjunct Faculty at the Villanova University College of Professional Studies Paralegal Professional Certificate Program where she teaches Estates & Trusts and Civil Procedure & Litigation and Torts & Personal Injury Law.

Marie volunteers for a monthly legal clinic at The Salvation Army in Chester, PA facilitated by the Christian Legal Clinic of Philadelphia. She has served on the Women’s Commission of Delaware County and as a Board Member for the Delaware County Literacy Council.

Marie enjoys biking, reading, yoga and walking in her free time with her husband and three children.

To get in touch with the Members’ Wealth team today, I invite you to email info@memberswealthllc.com or call (267) 367-5453. 

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