(Warning: Typos Intact, Not Legal Advice)

My mom saved no money for retirement she lives in Ohio. I live in Michigan can I be held responsible for her nursing home care?

My mom is 82, saved no money, and spent it all. Now, she needs a nursing home. She will get Medicare and possibly Medicaid coverage, but if there is an extra charge, can Ohio legally hold me financially responsible for her unpaid bills if I live in Michigan? Ohio has a familial fiduciary law, but I don’t think it applies if the adult children live in other states that do not have a similar law. Is that correct?

Answer: Most states have what they call filial support rules. For example, Michigan has a rule that requires collection from family members if a relative becomes a patient at the Kalamazoo State Hospital. I know this only because 25 or 30 years ago, I had this situation arise.

However, at the end of the day, the patient was paid for by the state of Michigan, and family members did not have to contribute. I have yet to encounter a situation in my practice where these rules are enforced. The only state I’m aware of that actually enforces such filial support statutes is Pennsylvania. I would be very surprised if there is any liability for Ohio Medicaid against a Michigan resident.