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 monetary sense however, did you know that you may be legally responsible for their care? If you did not understand that then you are not alone– many individuals are not conscious that they may have a legal obligation to provide financial care to a moms and dad. This legal commitment comes from state filial obligation laws.
Filial duty laws currently exist in over half of all American states.The staying states may consider enacting a filial responsibility law in the years to come considering the monetary concern that senior care is placing on state resources.A filial obligation law is a law that imposes a legal obligation on an adult child to care for an indigent parent.In practice, what does this mean?It indicates that a nursing home,long-term care center, house health care provider, or perhaps the state itself could follow you for a bill at some point.That’s what happened in a recent Pennsylvania case where the court eventually decided that an adult kid was accountable for a $93,000 nursing home expense left behind by his mom when she died.
Most filial duty laws have been around for a long time but were little secondhand. Offered the pressure 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 allow a court to send out somebody to prison for violation of the law; nevertheless, a most likely result is to discover yourself all of a sudden responsible for a substantial retirement home or long-term care bill.
The excellent news in all of this is that there are methods to prevent finding yourself in court dealing with a filial obligation claim. With careful estate planning, you might have the ability to safeguard your estate properties and offer quality care for your parents.Using irreversible trusts, asset defense trusts and mindful Medicaid planning can considerably reduce the opportunity of discovering yourself unexpectedly accountable for a substantial costs after a parent dies.Take the time now to talk with your estate planning lawyer before it is far too late to plan accordingly.