Published by Moneywise.com

Written by Lou Carlozo

“Two facts of life have become impossible to ignore: The U.S. population is aging and the cost to take care of our seniors is surging.”

“By 2030, all 73 million baby boomers will be 65 and older. The number of Americans ages 65 and older is projected to increase from 58 million in 2022 to 82 million by 2050, according to the Population Reference Bureau.

“Meanwhile, long-term care costs aren’t about to stand still and a patchwork of solutions are to be relied on as Americans age and cannot live independently.

“A recent Forbes story shows how forgotten “scarecrow” laws could bankrupt the families of elderly receiving care.

A ‘sleeper law’ awakens

“According to Forbes reporting, over half the states currently have laws holding adult children financially responsible for the care of their senior parents. This may include nursing home, medical and other bills. These are old laws that are rarely enforced but are retained as a warning to ensure good behavior.

“However, a 2012 and 2019 case in Pennsylvania showed that these “scarecrow” laws could threaten the financial futures of middle-aged children. According to ABC News, in 2012, John Pittas was forced to pay for his mother’s nearly $93,000 nursing home stay after her Medicaid application was not approved in time.

“This has led Democrat state Rep. Kristine Howard to sponsor a bill called Stop Bankrupting Pennsylvanians Over Family Medical Bills Act.

“Pennsylvania’s outlier status in this regard is shameful,” Howard wrote in the bill memorandum in March. “Filial responsibility laws first emerged in the 17th century and became common in the colonies. While they have generally fallen out of favor elsewhere, Pennsylvania stands as the only state to have enforced its filial responsibility law in the past 25 years … Given that Pennsylvania nursing homes average a cost of nearly $400 per day, this can quickly lead to bankruptcies.”

“It can be a rude awakening for many people,” Howard told Forbes.”

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