Monday, June 08, 2009

laws forcing adult children to pay for ma's care

I heard this talked about a few days ago on the radio and it was interesting to hear both of the Baby Boomer hosts say, "Everyone should take care of Mom and Dad. It is horrible that we should have to resort to laws to make people do it." While it of course is the Christian thing to take care of your elderly parents, what about the millions of adult children (of Boomers) who had their childhoods ripped apart by divorce? One of my college roommates couldn't even figure out where to go for Christmas break since her mother was on her 3rd marriage and her father on his 4th. Does sending a paltry check once a month for child support count as evidence that would later be used as justification for garnishing wages from their adult children?

Did you know you could be responsible for your parents' unpaid bills? Thirty states currently have laws making adult children responsible for their parents if their parents can't afford to take care of themselves. While these laws are rarely enforced, there has been speculation that states may begin dusting them off as a way to save on Medicaid expenses.

These laws, called filial responsibility laws, obligate adult children to provide necessities like food, clothing, housing, and medical attention for their indigent parents.
According to the
National Center for Policy Analysis, a conservative research organization, 21 states allow a civil court action to obtain financial support or cost recovery, 12 states impose criminal penalties on children who do not support their parents, and three states allow both civil and criminal actions.

Generally, most states do not require children to provide care if they do not have the ability to pay. States vary on what factors they consider when determining whether an adult child has the ability to pay. Children may also not be required to support their parents if the parents abandoned them or did not support them.


The passage of the Deficit Reduction Act of 2005 made it more difficult to qualify for Medicaid, which means there may be more elderly individuals in nursing homes with no ability to pay for care. In response, nursing homes may use the filial responsibility laws as a way to get care paid for. Senior Journal

2 comments:

Nichole "Nikki" Warren said...

I found a list of states that have filial laws: http://everydaysimplicity.blogspot.com/2006/02/filial-responsibility-laws-list-of.html (copy and paste)

I don't know what to think... I know that we are responsible, etc, however to be force by "law" to be.... hmmm. Some food for thought!

Foxfier said...

Just another example of why I hate laws that try to force folks to do the right thing.....