More than half of the states in our country have what is called a filial responsibility law. If your state has this, it is oftentimes your responsibility to pay for a nursing home stay for your parent if they are unable to do so. The instances where this type of law would be enforced are not always common, but they do exist, so it’s important to be aware of them. And just because a state has these laws, they are not always enforced. Again, it’s still important to be aware that they exist and to know that there’s a possibility that the responsibility of paying for senior care can fall back to a child in some instances.
There are many rules in place that protect both nursing homes and the children of those that are living there. For example, in most states, a child would only have filial responsibilities for paying for their parent’s nursing home stay or senior care if the parent did not have Medicaid, the parent is unable to pay for the care, the child does have the money to pay the outstanding bill, and the institution chooses to legally pursue the child. And, of course, it needs to all take place in a state where filial laws apply. For the record, California does have these laws in their books, but they are not typically enforced.
It’s best to be prepared for such a scenario long before it becomes a necessity. If you need help to pay for senior care, address that situation sooner rather than later; there are resources out there to help you. Filial laws are meant to help ease the burden placed upon state Medicaid systems, so they are there to protect us as taxpayers, but in the rare event that they do impact you, it is important that they are not a surprise. By helping to line up good senior care, such as in-home care provided by a highly trained professional service, you can ease the financial burden upon your family because of the lower cost, all without having a loss of quality in the care that your loved one is receiving.
If you do have concerns about the legalities behind paying for senior care, your best choice is to consult with a lawyer that specializes in the senior care field. They will be well versed on laws that impact senior citizens and will let you know whether or not your state has filial laws in place. They will also help you to plan accordingly so that you can make the very best long term decisions for your elderly loved one and their estate. Planning ahead for the best care for a parent is difficult, but failing to see the repercussions of certain actions can make it even harder. In order to avoid this, make sure you are well educated and know what you should do in any given situation. The better prepared you are for the unexpected, the more you can focus on giving your loved one the best senior care experience that you can give them.
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