In some sense, many of us feel mentally or culturally accountable for taking care of our aging moms and dads in both a physical and monetary sense however, did you understand that you may be lawfully accountable for their care? If you did not know that then you are not alone– the majority of people are not aware that they might have a legal responsibility to supply financial care to a parent. This legal commitment originates from state filial duty laws.
Filial obligation laws presently exist in over half of all American states.The staying states might think about enacting a filial obligation law in the years to come thinking about the monetary burden that senior care is placing on state resources.A filial duty law is a law that imposes a legal responsibility on an adult kid to care for an indigent parent.In practice, what does this mean?It means that a nursing home,long-term care facility, house healthcare supplier, or even the state itself might come after you for an expense at some point.That’s what took place in a recent Pennsylvania case where the court ultimately chose that an adult son was accountable for a $93,000 nursing home bill left behind by his mom when she died.
Most filial duty laws have actually been around for some time however were little used. Offered the strain that care of the elderly is placing on state economies, courts are dragging up those laws and utilizing them with more frequency.Some laws even allow a court to send out someone to jail for offense of the law; however, a more most likely outcome is to find yourself all of a sudden responsible for a large retirement home or long-term care bill.
The excellent news in all of this is that there are methods to avoid finding yourself in court dealing with a filial responsibility claim. With mindful estate planning, you may be able to safeguard your estate assets and provide quality care for your parents.Using irrevocable trusts, possession protection trusts and cautious Medicaid planning can significantly reduce the chance of discovering yourself all of a sudden responsible for a big bill after a moms and dad dies.Take the time now to speak to your estate planning attorney before it is too late to plan appropriately.