Colliton

necessarily limited to care in a nursing home or assisted living/personal care home. In 2015, a case, Eori v. Eori, involved an adult child who was caring for Mom in his home. The care became too much for him and he asked for support from his brother and sister. When his brother refused, the caregiver filed on behalf of Mom for support. He won.

Children who have distanced themselves from their parents and leave all the care and expense to one of their siblings might be called upon to pay support in a similar way to the support they might now provide for their minor children or spouses.

Here are some things to know.

First, for filial responsibility to apply the parent has to be “indigent” but this does not require much. If a parent does not have enough to pay her bills, this qualifies as indigent.

Second, there are defenses to an action for filial responsibility but these relate either to inability to pay based on a formula given in the law or abandonment for an extended period of time, again based on the description in the law.

Importantly, as an adult child of a parent who needs care, you should not ignore bills believing you could never be responsible. You want to know that bills are paid. There is risk involved.

Finally, it pays to work together with other family members toward solutions wherever possible. Regular family meetings can help. Planning can help. If you need a professional, it is better to seek help earlier. Speak to a qualified elder law attorney. In the long run it may not be enough to say your brother or sister should go it alone. Janet Colliton, Esq. is a Certified Elder Law Attorney and limits her practice, to elder law, retirement and estate planning, Medicaid, Medicare, life care, and special needs at 790 E. Market St., Suite 250, West Chester, Pa., 19382, 610-436-6674, colliton@ collitonlaw.com. She is a member of the National Academy of Elder Law Attorneys and, with Jeffrey Jones, CSA, co-founder of Life Transition Services, LLC, a service for families with long term care needs. Tune in on Wednesdays at 4 p.m. to radio WCHE 1520, “50+ Planning Ahead,” with Janet Colliton, Colliton Elder Law Associates, and Phil McFadden, Home Instead Senior Care.