In some sense, the majority of us feel emotionally or culturally accountable for taking care of our aging parents in both a physical and monetary sense nevertheless, did you know that you may be legally responsible for their care too? If you did not understand that then you are not alone– many people are not aware that they may have a legal obligation to provide financial care to a parent. This legal obligation stems from state filial obligation laws.
Filial duty laws presently exist in over half of all American states.The staying states might consider enacting a filial duty law in the years to come considering the financial problem 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 look after an indigent parent.In practice, what does this mean?It suggests that a nursing home,long-term care facility, home doctor, or even the state itself might come after you for a bill at some point.That’s what took place in a recent Pennsylvania case where the court eventually chose that an adult son was accountable for a $93,000 nursing house costs left behind by his mother when she died.
Most filial duty laws have been around for some time but were little used. Given the strain that care of the elderly is putting 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 offense of the law; nevertheless, a more most likely result is to discover yourself all of a sudden responsible for a hefty nursing house or long-lasting care bill.
The excellent news in all of this is that there are ways to prevent finding yourself in court facing a filial obligation suit. With cautious estate planning, you might have the ability to protect your estate properties and provide quality take care of your parents.Using irrevocable trusts, property defense trusts and mindful Medicaid planning can significantly decrease the possibility of discovering yourself suddenly accountable for a big costs after a parent dies.Take the time now to talk to your estate planning attorney prior to it is far too late to plan appropriately.