In a recent post, a poorly-reasoned Pennsylvania Superior Court case was discussed. That case is HCR v. Pittas, in which the court stretched the Commonwealth’s filial responsibility statute to impose liability for a mother’s nursing care on a son under circumstances that the statute should not cover. A Montana judge rendered a decision on July 2, 2013 that is much more appropriate. In Heritage Place, Inc. v. Jerrell, Cause No. DV-11-430(D) (11th District Mont. July 2, 2013), Hon. David M. Ortley held that a nursing home could not impose personal liability on a son for his mother’s nursing care bill under either a common-law filial responsibility basis or an oral personal guarantee. He observed that both state and federal law prohibit a nursing home from demanding a third-party guarantee with regard to a resident’s nursing care expense. Thank you Judge Ortley.
John B. Payne, Attorney
Garrison LawHouse, PC
Dearborn, Michigan 313.563.4900
Pittsburgh, Pennsylvania 800.220.7200
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