Legal Question in Wills and Trusts in Pennsylvania

This is now a debt of her estate. Your power of attorney became invalid when she died. If there are any assets, an estate should be opened, but the nursing home may also open an estate in its capacity as a creditor.

You may want to consult with an Elder Law attorney, to find out if there is a PA statute that makes children liable for the costs of care for their parents.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

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Generally, no for the reason cited by Attorney Jacobson. Your mother's estate is primarily liable. As a practical matter, the children will be indirectly liable in such case as the bill would be paid out of assets of your mother's estate before the children could inherit. Further, the power of attorney ended at death.

However, I have been reading about some states where they are seeking to hold children liable. PA appears to be one such state, according to these articles: https://www.elderlawanswers.com/resources/article.asp?id=5181§ion=4

http://www.elderlawanswers.com/Resources/Article.asp?ID=9873

See 23 Pa.C.S.A � 4603 and a case recently decided by the Pa. Superior Court whree a child was held liable: http://www.pacourts.us/OpPosting/Superior/out/A36025_11.pdf

The reason is that states are being flooded with elderly people - people are living longer and costs go up. Nursing home care is hideously expensive. The feds have been tightening finances on Medicaid and Medicare and the states, which cannot print money like the feds can, are undergoing their own budget crises.

Going forward, children with elderly parents need to think about other alternative arrangements instead of just dumping the parents in the old age home.

You really really need to consult with a probate attorney. Since your mother is now deceased, her eestate will have to be probated. If the lawyer has not heard of the above statute, then find another lawyer.