In some sense, many of us feel mentally or culturally accountable for looking after our aging parents in both a physical and monetary sense however, did you understand that you may be legally accountable for their care too? If you did not understand that then you are not alone– many people are not mindful that they might have a legal duty to provide monetary care to a moms and dad. This legal commitment comes from state filial obligation laws.
Filial responsibility laws currently exist in over half of all American states.The staying states might consider enacting a filial obligation law in the years to come thinking about the monetary burden that elderly care is putting on state resources.A filial duty law is a law that enforces a legal responsibility on an adult kid to look after an indigent parent.In practice, what does this mean?It indicates that a nursing home,long-term care center, house healthcare company, and even the state itself could come after you for a bill at some point.That’s what happened in a recent Pennsylvania case where the court eventually decided that an adult child was responsible for a $93,000 assisted living home expense left behind by his mother when she died.
Most filial duty laws have actually been around for some time but were little pre-owned. Offered 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 allow a court to send someone to prison for violation of the law; however, a most likely result is to find yourself unexpectedly accountable for a significant assisted living home or long-lasting care bill.
The good news in all of this is that there are ways to prevent finding yourself in court facing a filial duty lawsuit. With mindful estate planning, you may have the ability to secure your estate assets and offer quality look after your parents.Using irreversible trusts, property defense trusts and careful Medicaid planning can substantially decrease the chance of finding yourself suddenly accountable for a big bill after a moms and dad dies.Take the time now to talk with your estate planning lawyer before it is far too late to plan accordingly.