In some sense, most of us feel mentally or culturally responsible for taking care of our aging moms and dads in both a physical and financial sense however, did you understand that you may be legally responsible for their care? If you did not understand that then you are not alone– many people are not mindful that they may have a legal duty to offer financial care to a parent. This legal commitment originates from state filial obligation laws.
Filial obligation laws currently exist in over half of all American states.The remaining states might consider enacting a filial duty law in the years to come thinking about the monetary concern that elderly care is putting on state resources.A filial duty law is a law that enforces a legal duty on an adult child to look after an indigent parent.In practice, what does this mean?It suggests that a nursing home,long-term care facility, house doctor, or even the state itself might follow you for a bill at some point.That’s what took place in a current Pennsylvania case where the court ultimately chose that an adult boy was accountable for a $93,000 assisted living home expense left behind by his mom when she died.
Most filial responsibility laws have actually been around for a long time however were little pre-owned. Provided the pressure that care of the senior 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 someone to prison for violation 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 good news in all of this is that there are ways to avoid finding yourself in court dealing with a filial obligation suit. With cautious estate planning, you may be able to protect your estate properties and offer quality care for your parents.Using irreversible trusts, property security trusts and cautious Medicaid planning can considerably decrease the chance of finding yourself suddenly accountable for a big costs after a parent dies.Take the time now to speak to your estate planning attorney before it is too late to plan appropriately.