In some sense, many of us feel emotionally or culturally responsible for taking care of our aging moms and dads in both a physical and financial sense nevertheless, did you know that you may be legally accountable for their care as well? If you did not know that then you are not alone– many people are not mindful that they may have a legal duty to provide monetary care to a moms and dad. This legal commitment stems from state filial obligation laws.
Filial obligation laws presently exist in over half of all American states.The staying states may consider enacting a filial duty law in the years to come thinking about the monetary problem that senior care is putting on state resources.A filial duty law is a law that enforces a legal obligation on an adult kid to take care of an indigent parent.In practice, what does this mean?It indicates that a nursing home,long-term care center, home health care service provider, 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 eventually decided that an adult boy was accountable for a $93,000 nursing house bill left by his mother when she died.
Most filial obligation laws have been around for a long time however were little used. Offered the strain 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 permit a court to send out someone to jail for infraction of the law; nevertheless, a more likely result is to find yourself all of a sudden responsible for a substantial retirement home 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 responsibility suit. With careful estate planning, you might be able to protect your estate properties and offer quality care for your parents.Using irrevocable trusts, asset protection trusts and careful Medicaid planning can significantly decrease the chance of finding yourself all of a sudden responsible for a huge bill after a moms and dad dies.Take the time now to speak with your estate planning attorney prior to it is too late to plan accordingly.