In some sense, the majority of us feel emotionally or culturally responsible for taking care of our aging moms and dads in both a physical and monetary sense nevertheless, did you understand that you may be legally responsible for their care also? If you did not know that then you are not alone– many people are not conscious that they might have a legal obligation to provide monetary care to a parent. This legal obligation stems from state filial responsibility laws.
Filial responsibility laws presently exist in over half of all American states.The remaining states may think about enacting a filial duty law in the years to come thinking about the financial burden that senior care is placing on state resources.A filial responsibility law is a law that enforces a legal obligation on an adult child to look after an indigent parent.In practice, what does this mean?It means that a nursing home,long-term care center, house health care supplier, or perhaps the state itself might follow you for a bill at some point.That’s what took place in a recent Pennsylvania case where the court ultimately chose that an adult boy was responsible for a $93,000 retirement home bill left by his mother when she died.
Most filial duty laws have actually been around for some time however were little pre-owned. Provided the strain that care of the elderly is placing on state economies, courts are dragging up those laws and using them with more frequency.Some laws even enable a court to send out somebody to prison for violation of the law; nevertheless, a most likely result is to find yourself suddenly accountable for a substantial nursing house or long-lasting care bill.
The good news in all of this is that there are ways to avoid finding yourself in court facing a filial duty lawsuit. With careful estate planning, you may have the ability to protect your estate possessions and supply quality look after your parents.Using irrevocable trusts, property security trusts and cautious Medicaid planning can substantially reduce the opportunity of discovering yourself suddenly responsible for a substantial bill after a moms and dad dies.Take the time now to talk to your estate planning attorney prior to it is too late to plan appropriately.