Elder Care and Filial withhold Laws

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Could you be legally liable for paying for the care of an elder parent? Under something called Filial maintain Laws, you most in fact could in thirty states.

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Imagine you pick up your mail one day and start rifling through it. Junk mail, bills...and then you come over something seeing suspiciously like a letter from a law firm. You open it and learn you need to pay ,000 in nursing home bills for your mom or they home will sue you. Talk about a shocking piece of mail!

Can this in fact happen? In 30 states, it most absolutely can happen and does all the time. The laws are very old. They originated in England when communal assistance was limited. Families were anticipated to band together and pick up the cost of care for family members. communal assistance was available, but only intended for elders who had no family.

When the United States was settled, much of the legal acceptable the country adopted was based on English law. It was, after all, what people new. The Filial maintain Laws were part of that body of laws and thus adapted. Although 30 states have these laws, each state has a slightly separate version. In some states, only the children of the man are responsible for providing care while other states advance the requirement to contain grandchildren! In California, it is a misdemeanor to not comply with the law! In other states, family members can sue other family members to make them pitch in on the cost of care.

At this point, you are probably very curious in seeing a list of the states that have such laws. In alphabetical order, they are Alaska, Arkansas, California, Connecticut, Delaware, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Montana, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia, and West Virginia.

The engaging thing is these laws sat dormant for a very long time. Only recently have they gained the attention of, oddly enough, senior housing facilities such as nursing homes. These facilities are using the laws to try to get family members to pay the bill or at least get motivated to help persuade Medicare to cover the bills.

You might be reasoning this is one of those things that sounds nasty, but rarely happens. In truth, it is occurring more and more as the baby boomer generation continues to reach their golden years. With the immense loss of value in seclusion accounts due to the current economic troubles, one can presuppose it is only going to get worse.

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