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Medicaid Planning and Filial Responsibility Laws

While planning for retirement, lots of people concentrate on the loan they’ll need to support themselves and their family after they quit working. What couple of people prepare for is the possibility that they will need to spend for their elderly parent’s retirement home costs. Though not commonly reported, about 30 states have laws that enable assisted living home and other prolonged care facilities to pursue the adult children of someone staying in the care facility.

In some states, these laws, called filial duty laws, give extended care centers the right to sue adult kids to recuperate unsettled bills.
While filial duty laws differ significantly between states, and just about 20 states have arrangements that enable retirement home or extended care centers to take legal action against adult relatives of patients, they provide further incentives for anyone to start estate planning and extended care or Medicaid planning as quickly as possible.

Under Federal law, states can’t pursue member of the family if a parent is qualified for Medicaid protection. With a Medicaid plan, elderly moms and dads can both preserve some of their properties and use Medicaid to pay for long-term care expenditures without risking the nursing house pursuing their children to pay for costs.
The states in which filial obligation laws exist have been reluctant to implement these laws even though they have been there for years. However, as medical care expenses continue to increase and the recent recession has actually left fewer individuals able to pay for extended living costs, we might see an increase in the number of claims arising from care facilities suing adult kids of senior clients.