Can I Be Responsible for My Parent’s Nursing Home Cost in Illinois?

Placing an aging parent in a nursing home can be one of the most emotionally and financially challenging decisions a family confronts. Many adult children worry not only about their parent’s well-being but also about whether they will be held responsible for paying huge nursing home bills. Long-term care in a nursing facility often runs into tens of thousands of dollars per year, and uncertainty about responsibility can add extra stress to an already difficult situation.

In this blog, we discuss how nursing home costs work in Illinois, when family members might be financially responsible, how Medicaid fits into the picture, what steps you can take to protect your parent’s rights and your own financial future, and what to do if your parent suffers neglect or abuse in a nursing home.

Nursing Home Costs Are High and Rising

Understanding the potential costs of nursing home care is critical to assessing financial exposure.

• According to the Genworth Cost of Care data, the nationwide average annual cost for nursing home care exceeds $100,000 per year for a shared room and can be even higher for private rooms.

• Regional data indicates that in Illinois specifically, average semi-private room costs were approximately $6,235 per month and private room costs were about $7,026 per month in recent years.

• More recent estimates suggest Illinois nursing home monthly median costs exceed $8,000 for semi-private rooms and nearly $9,400 for private rooms.

These figures illustrate how quickly nursing care costs can deplete savings, especially for families without long-term care insurance or other financial planning in place.

Who Is Legally Responsible for Nursing Home Bills in Illinois?

One of the most common concerns families have is: “Could I be held legally responsible for my parent’s nursing home bills?”

There Is No Filial Responsibility Law in Illinois

Unlike some states that have “filial responsibility” statutes requiring adult children to support indigent parents, Illinois does not currently have an active filial support law that automatically makes adult children financially liable for a parent’s nursing home costs. This means that simply being a son or daughter does not, by itself, make you personally responsible for your parent’s nursing home debt.

Exceptions and Practical Nuances

Although Illinois does not impose a statutory duty on children:

• Nursing homes cannot require a family member to guarantee payment as a condition of admission if the resident qualifies for Medicare or Medicaid.

• However, in some cases, adult children may be asked to sign nursing home admission paperwork as a “responsible party.” This designation typically requires you to help facilitate payment, for example, by assisting with Medicaid applications, but does not automatically make you personally liable for debts.

• If a child signs a separate voluntary contractual guarantee of payment, then the nursing home might pursue that child under contract law, but this is not automatic under Illinois law and depends on the specific documents signed.

• An important distinction: a power of attorney does not make you personally responsible for bills. Acting under power of attorney merely authorizes you to manage the resident’s financial affairs; it does not create a personal duty to pay the facility out of your own funds.

Medicaid, Spend-Downs, and Financial Eligibility

For most Illinois residents, nursing home costs are paid through a combination of private resources initially and Medicaid once assets are depleted and eligibility criteria are met.

• To qualify for Nursing Home Medicaid in Illinois, an individual generally must have countable assets under roughly $17,500 and income under state limits, with most income going toward the care bill.

• Once approved for Medicaid long-term care coverage, Medicaid pays the bulk of nursing home expenses directly to the facility.

• If an applicant transferred assets improperly in the five years prior to seeking Medicaid, a penalty period may be imposed during which Medicaid coverage is delayed.

Importantly, Medicaid eligibility rules and estate recovery programs mean that long-term care costs may ultimately have implications for the resident’s estate after death, but this is different from personal liability of children.

What Happens if a Parent Cannot Pay?

If a resident lacks sufficient income and resources and cannot qualify for Medicaid immediately:

• The resident’s own assets, not the child’s, are generally used to pay nursing home costs until eligibility is reached.

• If the resident’s estate has resources at death, Medicaid estate recovery may reduce what heirs ultimately receive by repaying Medicaid for benefits paid.

• If a child signed a contractual promise to guarantee payment, then the facility might pursue them under contract theory, but again, this depends entirely on what was signed.

Protecting Your Parent’s Rights and Your Financial Position

Understanding the legal landscape helps families make prudent decisions. Consider the following practical tips:

• Review all nursing home admission contracts carefully before signing. Look specifically for language about payment guarantees.

• Ensure your parent’s income and assets are properly documented and used first to cover care before expecting any outside help.

• Apply for Medicaid as soon as a nursing home stay becomes long-term to avoid unnecessary private outlays.

• Keep meticulous records of financial transactions and communications with facilities and government agencies.

Nursing Home Abuse and Neglect Considerations

It’s also essential to emphasize that nursing home residents have rights beyond financial concerns.

Under the Illinois Nursing Home Care Act, residents are entitled to dignity, adequate care, and protection from abuse or neglect, and facilities can be held legally liable for harm caused by negligent or intentional acts. Statistics show significant regulatory action and ongoing concerns in the industry, underscoring the importance of vigilance and accountability from facilities. If your loved one suffered neglect or abuse at a nursing home, it is important to consult with an experienced Illinois nursing home abuse attorney immediately to protect their rights.

Frequently Asked Questions About Nursing Home Costs

Q: Will I automatically be responsible for my parent’s nursing home bills because I am their child?

A: No. Illinois does not have a filial responsibility law that automatically makes adult children responsible for their parent’s nursing home costs.

Q: What if I signed paperwork at admission?

A: If you signed a voluntary guarantee of payment, there may be contractual liability, but this is not the same as ordinary filial responsibility. You should have the contract reviewed by an attorney to determine your obligations.

Q: Does having a power of attorney make me financially responsible?

A: No. Power of attorney alone does not create personal liability for nursing home bills, although you may be responsible for ensuring timely Medicaid application.

Q: Could Medicaid cover my parent’s nursing home care?

A: Yes. Medicaid often pays for long-term care once financial eligibility is established, which typically requires spend-down of assets and meeting income limits.

Q: What if the nursing home sues me?

A: If a facility attempts to sue an adult child for a parent’s bill, do not ignore it. Consult an attorney immediately, as there may be defenses depending on the circumstances and what was signed.

Contact the Top-Rated Illinois Nursing Home Negligence Attorneys at John J. Malm & Associates

In Illinois, adult children are generally not required by law to pay for a parent’s nursing home care simply because of their familial relationship. While costs can be staggering, and Medicaid rules can be complex, the primary responsibility for payment falls on the resident’s own assets and benefits unless there is a specific contractual obligation otherwise.

However, this legal landscape can be confusing, especially when high costs, facility paperwork, and government benefit rules intersect. Families deserve clarity and protection, both financially and emotionally.

If you suspect your parent has suffered nursing home abuse or neglect, or if you are facing threats of financial liability you believe are unjust, contact John J. Malm & Associates for a free consultation today. Our experienced Illinois nursing home injury attorneys can help you protect your loved one’s rights and hold negligent facilities accountable. Don’t wait, call now for a consultation and ensure your family’s interests are fully represented.