Posted on 06/04/2009 8:33:58 AM PDT by InvisibleChurch
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, says SeniorJournal.com.
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:
Twenty-one states allow a civil court action to obtain financial support or cost recovery. Twelve states impose criminal penalties on children who do not support their parents. 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, says SeniorJournal.com.
Source: ElderLawAnswers.com, "States May Take New Look at Requiring Adult Children to Pay for Aging Parents; Boomers could get caught by laws already on books in thirty states," SeniorJournal.com, June 3, 2009.
For text:
http://www.seniorjournal.com/NEWS/Boomers/2009/20090603-StatesMayTake.htm
For more on State and Local Issues:
http://www.ncpa.org/sub/dpd/index.php?Article_Category=40
“States ought to take a look at the number of ILLEGAL ALIENS collecting benefits because of ANCHOR BABIES.”
And more to the point, how about the millions of older ‘immigrants’ that come here for SSI...I’m sure no state government would go after their kids!
I agree with this, but the corollary must be true: if I am responsible for my parents’ expenses, then they should also be able to leave me 100% of their life’s savings and work, tax-free. Abolish the death (estate) tax.
I agree that you should not be held legally liable for the actions of your parents. Morally yes, legaly no.
Next we will be held responsible for crimes committed by our parent. Sins of the father and all that.
I’ll bet the concept never crossed their minds until they realized that they somehow had to come up with more money to cover the welfare constituencies and illegals.
That's great for the future, but were talking about the here and the now. What about the hundreds of thousands millions of absent fathers from the 1960's until now? They're soon going to be headed into the age of retirement, and beyond. Is the government going to hold the children that these men abandoned responsible for their absent father's medical care?
How do you enforce this? The courts are already overloaded, but we're going to litigate millions of cases to determine who should be responsible for their old man's care? This sound like a huge bureaucratic boondoggle to me.
yet another generational wealth transfer
Excellent, excellent point.
I have a sibling who will not see one DIME of assistance from me in the future. Siblings are next, most likely.
You can't make crackheads (who have never contributed anything net to the tax base) more equal than the elderly, who have.
I would kill myself if the government forced me to take care of her. Yes, I am trying to get her to move out.
Twenty-one states allow a civil court action to obtain financial support or cost recovery. Twelve states impose criminal penalties on children who do not support their parents. 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.
Since this is a Biblical precept I expect that the government will be loathe to pursue such notions with the force of law...
[/sarc]
That said - neither my mother nor father nor in laws will ever be on welfare or a ward of the state (the stepmother is questionable, ‘wink) - I simply won’t let it happen. THe only reason for anyone else to be taking care of your family is if they need constant medical care of such a nature that familial care is impossible, and since my wife is a nurse...
Why should I pay for it?
Does a child have to pay for the care of his mother’s rapist? Will we have DNA testing of people in their 70s and 80s now? next up - he’s not my father on Maury, Seniro division... Oh, boy, I bet the lawyers are smacking their chops on this issue - because they will be the ones who get paid, fer sherr....
“What about the man who never or barely knew his father and never received a dime of support from him (a very common situation these days)?”
Don’t be rippin’ on the Prez, now! He’s over in the Middle East right this very minute defending Democracy and praising America for all of it’s virtues...
Oh. Wait.
Nevermind! Rip away! :)
Black people will be exempted.
Certain other people won't.
Add to that, that socialists want to confiscate inheritance, and that's a sweet deal for the state, enslave the kids and take their inheritance, too.
Marx would be proud.
Government increases taxes and burden to pay for its programs then fails and then says you have to fix it yourself however, they are keeping the taxes so you have to do more with less.
But then maybe not, when the parents realize the children are mandated by the state to take care of them as opposed to taking care of them voluntarily.
Let me get this straight: My natural parents abandoned me and I spend the first two and a half years of my life in foster homes until I was adopted. My adoptive parents physically and emotionally abused me. I left home at age 17, and put myself through college and graduate school without a dime from my parents, and now I’m supposed to spend my savings to make them comfy? Don’t think so.
This is a sticky one. I don’t think adult children should have to take care of their parents. I also don’t think the state should have to. People need to take care of themselves, and if they didn’t use proper judgment during their adult lives, then why should others have to carry their load when the time comes?
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