In some sense, many of us feel emotionally or culturally responsible for taking care of our aging parents in both a physical and monetary sense however, did you know that you may be legally responsible for their care? If you did not understand that then you are not alone– the majority of people are not aware that they may have a legal duty to provide monetary care to a moms and dad. This legal obligation stems from state filial obligation laws.
Filial obligation laws presently exist in over half of all American states.The staying states might consider enacting a filial duty law in the years to come thinking about the monetary concern that elderly care is placing on state resources.A filial responsibility law is a law that enforces a legal obligation on an adult kid to care for an indigent parent.In practice, what does this mean?It means that a nursing home,long-term care center, house doctor, or even the state itself could follow you for a bill at some point.That’s what happened in a recent Pennsylvania case where the court eventually chose that an adult child was accountable for a $93,000 assisted living home costs left behind by his mother when she died.
Most filial duty laws have been around for a long time but were little used. Provided the stress that care of the senior is putting on state economies, courts are dragging up those laws and utilizing them with more frequency.Some laws even enable a court to send out somebody to jail for offense of the law; however, a more most likely outcome is to find yourself suddenly accountable for a substantial nursing house or long-lasting care bill.
The excellent news in all of this is that there are methods to prevent finding yourself in court facing a filial duty claim. With mindful estate planning, you might have the ability to protect your estate possessions and offer quality take care of your parents.Using irreversible trusts, property security trusts and mindful Medicaid planning can significantly reduce the possibility of discovering yourself all of a sudden responsible for a big costs after a moms and dad dies.Take the time now to speak with your estate planning attorney before it is too late to plan accordingly.