Elderly Parents May End Up Costing Children
July 19, 2012 By Law Office of Michael Robinson, P.C.
With many baby boomers reaching retirement age every day, proper financial planning is becoming increasingly more important. But for many boomers, proper financial planning may involve being able to cover the expenses of an elderly parent. Though many people do not realize it, about 30 states have filial responsibility laws. These laws require the adult children of indigent elderly parents to pay for their care if the parents cannot.
Though filial responsibility laws differ significantly between states, about 20 states allow long-term caregivers to sue the adult children of elderly parents in their care if bills go unpaid. Other states do not have recovery provisions in their filial care laws, but do make failing to pay on behalf of an indigent parent a criminal offense with fines and possible jail time as penalties.
Filial responsibility laws are not applied in every situation, even in those states that have them. State laws typically take into consideration whether the child is able to pay for the adult parent's care or not. Other states have voluntary provisions that allow adult children to pay for a parent's care, but do not make it mandatory.
Additionally, long-term care providers cannot pursue an elderly parent's children if that parent is eligible for Medicaid. As long as a parent has applied for or is currently on Medicaid, federal law prevents long-term caregivers from pursuing children to recover any unpaid bills.
ABOUT THE AUTHOR: Michael Robinson
Experienced estate planning attorneys Naples NY of the Law Office of Michael Robinson P.C. offers estate planning and business planning resources to residents of Naples NY.
Copyright Law Office of Michael Robinson, P.C.
More information about Law Office of Michael Robinson, P.C.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Filial responsibility laws are not applied in every situation, even in those states that have them. State laws typically take into consideration whether the child is able to pay for the adult parent's care or not. Other states have voluntary provisions that allow adult children to pay for a parent's care, but do not make it mandatory.
Additionally, long-term care providers cannot pursue an elderly parent's children if that parent is eligible for Medicaid. As long as a parent has applied for or is currently on Medicaid, federal law prevents long-term caregivers from pursuing children to recover any unpaid bills.
ABOUT THE AUTHOR: Michael Robinson
Experienced estate planning attorneys Naples NY of the Law Office of Michael Robinson P.C. offers estate planning and business planning resources to residents of Naples NY.
Copyright Law Office of Michael Robinson, P.C.
More information about Law Office of Michael Robinson, P.C.
View all articles published by Law Office of Michael Robinson, P.C.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
