Can Adult Children Be Held Responsible for a Parent's Nursing Home Bills in Texas?

 Posted on May 20, 2026 in Elder Law

The cost of good nursing home care is one of the biggest concerns for many families with aging family members. The American Council on Aging estimates that a private room in a care facility in Dallas costs $100,558 annually in 2026. If an older person’s (probably fixed) income isn’t enough to cover it, does the cost get shifted to their children? A Denton, TX elder law attorney can help you understand what the risks are in your situation.

Does Texas Require Adult Children To Pay for a Parent's Nursing Home Care?

Texas is one of roughly 25 states without a filial responsibility law. Filial responsibility laws obligate adult children to cover a parent's housing, medical care, and basic needs when the parent can't pay. Because Texas has no such law, a nursing home generally can't sue an adult child simply for being the child of a resident who owes money.

However, if your parent lives in another state that does have an active filial responsibility law, you could potentially be obligated to pay, even as a Texas resident. If your parent is in a facility outside Texas, it's best to confirm whether that state enforces filial responsibility statutes.

Do You Have To Pay for Your Parents’ Nursing Home Care if You Signed the Admission Agreement?

Admission agreements are where adult children may run into financial trouble. When a parent is admitted to a nursing home, someone usually signs the paperwork on their behalf. That paperwork often includes a section designating a "responsible party." While this sounds like that person will be responsible for checking that their parent is well cared-for, some nursing homes have used it to argue that the signer is personally liable for the bill.

Federal law does not permit this. Under 42 CFR § 483.15(a)(3), nursing homes cannot require a third-party guarantee of payment as a condition of admission or continued stay. A facility can ask a representative with legal access to the resident's funds, i.e., someone holding power of attorney, to manage payments from the resident's own resources. That representative is not supposed to incur personal financial liability for any lacking funds.

In practice, however, admission contracts sometimes contain language that blurs this line. Courts have occasionally ruled in favor of facilities, particularly when a family member mishandled or diverted the resident's funds. To make completely sure you understand the terms of what you’re signing, have an elder law attorney review the admission contract before you agree to it.

When Can Family Members End Up Paying for Nursing Home Care for Their Parents?

Two situations tend to result in children paying the fees for their parents’ nursing home care.

Medicaid Lookback and Asset Transfers

If your parent transferred assets to you within five years of applying for Medicaid, they can trigger a penalty period during which Medicaid won't cover care. This could be gifts, property transfers, or other arrangements. The facility still needs to be paid during that window. You won't necessarily be sued directly, but the financial gap falls on the family of the resident.

Voluntary Assumption of Responsibility

If you sign a contract that explicitly makes you personally responsible for your parents' care, some courts will enforce it. Nursing homes are prohibited from requiring this, but they're not prohibited from accepting one if someone volunteers it. Read everything carefully, and don't sign language that goes beyond managing your parents' own funds.

As with the admission agreement, have an experienced attorney review any documents, especially a voluntary assumption of responsibility.

Call a Flower Mound, TX Elder Law Attorney Today

Nursing home admission can be sudden and stressful. It’s easy to sign documents without fully understanding what they mean. Our Denton, TX elder law lawyer can walk you through every piece of paperwork and make sure that your parents’ admission doesn’t create a serious financial burden down the road. Call Colbert Law Group PLLC at 972-724-3338 to schedule a consultation today.