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Garnished wages could be sent to nursing homes on parents’ behalf Atlanta, GA

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Garnished wages could be sent to nursing homes on parents’ behalf

Ira and Jamie Gingold Bankruptcy Attorneys in Atlanta GA

Could a nursing home feasibly sue you for your parents’ inability to pay their own nursing care bills? Believe it or not, they actually could. Depending on the laws of your state, filial responsibility laws could make you legally responsible to pay for the care of your parents if they can’t or don’t pay for themselves. These laws have been around for a while, but they’re being enforced more and more as long-term health care becomes a greater burden.

These filial responsibility laws are currently only prominent in 29 states and Puerto Rico, but if you live in one of those states, you should be keeping a keen eye on your bills. Georgia is one of the states that has a filial responsibility law, so it’s important to know what that could mean for you. While some states impose fines or imprisonment or both, nearly all states could see you subjected to wage garnishment in order to pay for the nursing bills.

Depending on where your parents are receiving care, having to pay for their care could be an insurmountable financial burden. A 2012 case in Pennsylvania saw the son of a nursing home patient facing a $93,000 nursing home bill in a lawsuit. These familial responsibility laws used to focus mainly on children who had engaged in inappropriate conduct with their parents’ assets. However, the Pennsylvania case found that the victim committed no such crime but still held him responsible for his mother’s debt. This seems to indicate that the court orders are becoming less particular about whom they hold financially responsible.

If you have a parent in a nursing home, make sure that he or she is financially capable of paying the bills. If not, then you should be prepared to pay for them yourself, whether you want to or not. A court order could potentially rule that your wages be garnished in order to pay for the bills. If you get saddled with these bills that you can’t pay for, you have legal options, including filing for bankruptcy to stop wage garnishment and halt creditor harassment. 

Source: Forbes, “Who Will Pay For Mom’s Or Dad’s Nursing Home Bill? Filial Support Laws And Long-Term Care,” Feb. 3, 2014

Posted on behalf of Gingold & Gingold

1718 Peachtree St NW, #385
Atlanta, GA 30309

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Based on 28 reviews

Jack L.

They did an excellent job with my case. Jamie took the time to really listen and understand things. She delved into the details and was extremely knowledgeable and non judgmental. Very professional and they know what they are doing. Would definitely recommend!

All C.

Mr. Gingold was recommended by an attorney I had worked with previously. I met with Ira Gingold to discuss credit issues. He went over each specific issue thoroughly. He advised me of the potential outcomes. He did all this in one meeting for a very reasonable price. When we finished I was confident in moving forward with a resolution. He definitely wants to help people take the appropriate course of action for their circumstance.

Karen B.

Dear Mr Gingold, There are so many reasons to be thankful for all you have done and will do. Anyone who has ever had unfavorable experiences with an attorney or the legal system will feel the trepidation that I experienced once I realized that my situation seemed hopeless. It was by chance and happily good luck that I decided to put my future and sanity into your hands. I was mortified at having to deal with my debts by claiming bankruptcy. I remember in our first meeting how you assured me that I was not alone and should not feel ashamed. And, anyone in this position obviously does not have money to spare and you were clear about all the costs and allowing me to pay according to my own ability to do so. You advised me in all aspects of the law, but also, you were at each meeting incredibly supportive and complementary of my personal and professional plans. Anyone else in this situation should feel blessed to have access to your expertise and support.

Lyla B.

I thought the process of filing bankruptcy was going to be a difficult one. However, Gingold & Gingold treated me with respect and dignity from the moment I walked through their door. I had the pleasure of working with Jamie. She is very responsive, professional, and knowledgeable. She took the time and listened to my every concern and handled each and every one of them to my satisfaction. My experience with filing bankruptcy under Gingold & Gingold's representation exceeded my expectations in a major way. They gave me such a peace of mind. I am very pleased with my decision of going with Gingold & Gingold to represent me when I filed Chapter 13 bankruptcy.

Julie T.

Wow! I am finally out of debt and can say that I am debt free after completing my chapter 7 bankruptcy case with Gingold and Gingold. Mr dangled was very knowledgeable and direct with regard to my debt situation. there were no surprises and the case went as I was advised. The staff was also very helpful whenever I had a question. I will definitely recommend them in the future to my friends.

Sherard W.

I cannot say enough about this law firm. From the initial consultation to our discharge, the entire office kept me updated with every step of the entire process. I came to the Gingold after a bad experience with another law firm. Ira and Jamie immediately began treating me like family through this experience. In the end, they assisted with eliminating many debts including my 2nd mortgage. I cannot say enough about the experience and knowledge that Ira brought to the table from the office visits to the court time. Thank you very much for helping me through this tough time. Thank you.

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