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STATES MAY TAKE NEW LOOK AT REQUIRING ADULT CHILDREN TO PAY FOR AGING PARENTS
ncpa.org ^ | 6.4.9

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


TOPICS: News/Current Events
KEYWORDS: immigration; kidsgettopay; medicaid; seniors
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1 posted on 06/04/2009 8:33:58 AM PDT by InvisibleChurch
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To: InvisibleChurch

Then the Obamanation will offer the alternative of assisted suicide.


2 posted on 06/04/2009 8:35:57 AM PDT by Juan Medén
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To: InvisibleChurch

Can’t really argue with the concept — if those elders hadn’t already paid into SS for years on end.

Family should take care of their own, not government. But government should not renege on promises and keep money taken under false pretenses.


3 posted on 06/04/2009 8:37:15 AM PDT by Jedidah ("Those who cannot remember the past are condemned to repeat it." George Santayana)
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To: Juan Medén

Can ‘term limits’ to life be far behind ?


4 posted on 06/04/2009 8:37:34 AM PDT by libh8er
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To: InvisibleChurch
that should go nicely with a 100% death tax. the government confiscates your assets at death, and your children are responsible for all of the debt.

everyone loses except the gov't.

5 posted on 06/04/2009 8:38:43 AM PDT by JohnBrowdie (http://www.stink-eye.net)
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To: InvisibleChurch

This is as it should be. “Inter-generational Responsibility”. No harm, no foul.


6 posted on 06/04/2009 8:39:00 AM PDT by DieHard the Hunter (Is mise an ceann-cinnidh. Cha ghéill mi do dhuine. Fàg am bealach.)
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To: InvisibleChurch

I guess this would be a good time for me to mention that I am a LTC insurance specialist and that it would be my pleasure to answer any questions that my fellow FReepers may have about LTC insurance...

especially for your parents.


7 posted on 06/04/2009 8:39:06 AM PDT by proudpapa (Obama - Worst One Ever!)
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To: InvisibleChurch
"Twelve states impose criminal penalties on children who do not support their parents

Does anyone know if that is true?

I love my parents and have a great relationship with them. Of course, they were terrific with me when I was growing up, sacrificing everything to put their kids in the best position for success.

But, some parents are lousy. And, I know people that haven't spoken, or spoken only minimally to their parents in years, even decades. Is the government going to come after these people if they don't pay for their parents elder-care? Are they going to get thrown in jail?

This doesn't seem like a good idea, at all.

8 posted on 06/04/2009 8:39:07 AM PDT by Big_Monkey
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To: Jedidah
Family should take care of their own, not government.

I agree 100%.

9 posted on 06/04/2009 8:39:24 AM PDT by dfwgator (USM is Gator Bait! (Congrats to U-Dub!))
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To: Jedidah
Family should take care of their own, not government.

Agreed. But many times the parents did not do so well by the children. It would be extremely unfair to burden adult children of neglectful, abusive or addict parents with their care.

10 posted on 06/04/2009 8:39:45 AM PDT by riri
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To: Big_Monkey
But, some parents are lousy.

Maybe parents won't be so lousy once they realize that their children may be the only ones who will take care of them when they're older, instead of relying on the Nanny State.

11 posted on 06/04/2009 8:40:38 AM PDT by dfwgator (USM is Gator Bait! (Congrats to U-Dub!))
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To: Jedidah

You know what, you can’t be responsible for your parents any more than you can be responsible for your adult children.

This is a scam.


12 posted on 06/04/2009 8:40:41 AM PDT by DoughtyOne (Obama is mentally a child of ten. Just remember that when he makes statements and issues policy.)
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To: Juan Medén

“Then the Obamanation will offer the alternative of assisted suicide.”

There is NO doubt of this.


13 posted on 06/04/2009 8:41:08 AM PDT by SumProVita (Cogito, ergo...Sum Pro Vita. (Modified DeCartes))
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To: InvisibleChurch

States ought to take a look at the number of ILLEGAL ALIENS collecting benefits because of ANCHOR BABIES.

When we end the burden of BIRTHRIGHT CITIZENSHIPS, only those who are contributing to Federal and State benefits will receive Federal and State benefits.


14 posted on 06/04/2009 8:41:08 AM PDT by Kimberly GG (SARAH PALIN - Supports a "path to citizenship" for ILLEGAL ALIENS.)
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To: Juan Medén
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.

So, now the pro-death crowd is paving the way for legalized euthanasia? I knew it was just a matter of time. One lethal injection, how much does that cost. (/sarc) Meanwhile we can't even execute the guilty murderers sitting in prison. If they're so hot to kill people, why don't they start with them first.

15 posted on 06/04/2009 8:41:54 AM PDT by pray4liberty (http://www.foundersvalues.com/)
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To: Jedidah

Most children of loving parents already help them out. In a couple of years (when my husband and I have a handle on our own finances) we plan on sending my mom a small monthly stipend.

But I’m an only child and there is only so much I can do. My grandmother had 6 children, thus more resources.

My father is another story. He’ll only get money from my cold, dead hands.


16 posted on 06/04/2009 8:41:55 AM PDT by Marie
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To: InvisibleChurch

Well, now, both my parents abandoned me to foster care when I was 2. They are both still living today at age 70.

You think I care what they need? You think some law will make me pay one penny for their care?

Before they do this, they better process the definition of “parent”....it isn’t always something biological.


17 posted on 06/04/2009 8:42:22 AM PDT by mom4melody
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To: Jedidah

the problem is those children still live with their parents and work at Wal-Mart.


18 posted on 06/04/2009 8:44:31 AM PDT by GeronL (http://libertyfic.proboards.com <----go there now,----> tyrannysentinel.blogspot.com)
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To: InvisibleChurch

Oh, Goody! I’ll have SIX adults requiring my mandated care and all of my money in the near future! Mom, Dad, Mom’s new husband, Dad’s new wife. Father-in-law and Mother-in-law.

Hope they all like living together in our chicken coop!


19 posted on 06/04/2009 8:44:38 AM PDT by Diana in Wisconsin (Save The Earth. It's The Only Planet With Chocolate.)
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To: Jedidah

My parents have been amazingly good to me, so I would feel obligated to care for them, if they need it.

However, what do you say to the woman whose father raped her throughout her childhoold and then runs up kinds of bills before he dies?

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)? Should he be forced to pay for his drunkard father’s liver transplant, after he hadn’t seen him for 30 years?


20 posted on 06/04/2009 8:45:10 AM PDT by Above My Pay Grade
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To: Kimberly GG

“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!


21 posted on 06/04/2009 8:45:49 AM PDT by AuntB (The right to vote in America: Blacks 1870; Women 1920; Native Americans 1925; Foreigners 2008)
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To: InvisibleChurch; All

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.


22 posted on 06/04/2009 8:45:50 AM PDT by AbeKrieger (If global warming didn't exist, Al Gore would have had to invent it.)
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To: DoughtyOne

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.


23 posted on 06/04/2009 8:46:17 AM PDT by Drill Thrawl (Please pass the duct tape.)
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To: Juan Medén

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.


24 posted on 06/04/2009 8:46:54 AM PDT by Southside_Chicago_Republican ("During times of universal deceit, telling the truth becomes a revolutionary act." --Orwell)
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To: dfwgator
"Maybe parents won't be so lousy once they realize that their children may be the only ones who will take care of them when they're older, instead of relying on the Nanny State."

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.

25 posted on 06/04/2009 8:47:18 AM PDT by Big_Monkey
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To: InvisibleChurch

yet another generational wealth transfer


26 posted on 06/04/2009 8:47:22 AM PDT by Homer1
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To: mom4melody

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.


27 posted on 06/04/2009 8:47:34 AM PDT by Diana in Wisconsin (Save The Earth. It's The Only Planet With Chocolate.)
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To: riri
Isn't the basic concept of ObaMao's utopian model is that the government is your Daddy and it takes a village to wipe your butt? If we are forced to subsidize some crackhead squeezing out babies as part of our tax burden, shouldn't our parents (who actually raised productive kids to contribute to the tax pool) get a break when their needs exceeds their ability to pay?

You can't make crackheads (who have never contributed anything net to the tax base) more equal than the elderly, who have.

28 posted on 06/04/2009 8:47:49 AM PDT by Vigilanteman (Are there any men left in Washington? Or, are there only cowards? Ahmad Shah Massoud)
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To: riri
My mother is a psychopath. She is currently living in my home, and I have to lock my bedroom door every time I leave the house.

I would kill myself if the government forced me to take care of her. Yes, I am trying to get her to move out.

29 posted on 06/04/2009 8:47:55 AM PDT by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
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To: mom4melody

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.


Note the above variations in the law. The good news is that this is still a state issue and not a federal issue?


30 posted on 06/04/2009 8:47:57 AM PDT by PeterPrinciple ( Seeking the truth here folks.)
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To: InvisibleChurch

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...


31 posted on 06/04/2009 8:48:53 AM PDT by BlueNgold (... Feed the tree!)
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To: Big_Monkey
Is the government going to hold the children that these men abandoned responsible for their absent father's medical care?

Why should I pay for it?

32 posted on 06/04/2009 8:48:53 AM PDT by dfwgator (USM is Gator Bait! (Congrats to U-Dub!))
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To: Southside_Chicago_Republican

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....


33 posted on 06/04/2009 8:49:17 AM PDT by AbeKrieger (If global warming didn't exist, Al Gore would have had to invent it.)
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To: Above My Pay Grade

“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! :)


34 posted on 06/04/2009 8:49:46 AM PDT by Diana in Wisconsin (Save The Earth. It's The Only Planet With Chocolate.)
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To: InvisibleChurch
Sounds good on the surface, but this law, like all others, will be selectively enforced by the likes of Sonia Sotomayor.

Black people will be exempted.

Certain other people won't.

35 posted on 06/04/2009 8:51:04 AM PDT by E. Pluribus Unum (Islam is a religion of peace, and Muslims reserve the right to kill anyone who says otherwise.)
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To: Jedidah
Can’t really argue with the concept — if those elders hadn’t already paid into SS for years on end.

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.

36 posted on 06/04/2009 8:51:22 AM PDT by Navy Patriot (Prowd gaduate of a Calefornica publik skewl.)
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To: InvisibleChurch

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.


37 posted on 06/04/2009 8:52:11 AM PDT by edcoil (Reality doesn't have to say much.)
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To: dfwgator
Maybe parents won't be so lousy once they realize that their children may be the only ones who will take care of them when they're older

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.

38 posted on 06/04/2009 8:52:31 AM PDT by libh8er
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To: InvisibleChurch

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.


39 posted on 06/04/2009 8:52:34 AM PDT by Labyrinthos
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To: Drill Thrawl

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?


40 posted on 06/04/2009 8:53:11 AM PDT by DoughtyOne (Obama is mentally a child of ten. Just remember that when he makes statements and issues policy.)
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To: Big_Monkey

The Good Book says - Honor thy mother and thy father.
It doesn’t say to do so if they were nice to you, or good parents, or even good people.

Yes, of course there are limits - molesters and abusers and the like - but part of the decline of the moral character of America is due to the notion that family is voluntary. Our children don’t listen to stories at Grandpa’s knee, marriages are convenience based, and even siblings are just people we see at Christmas.

I don’t think that the government has any business enforcing such a notion, but the moral basis of the law is Biblical and correct. We shouldn’t need the government to tell us to take care of our own, that’s the sad part.


41 posted on 06/04/2009 8:53:44 AM PDT by BlueNgold (... Feed the tree!)
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To: DieHard the Hunter

OK, so my parents pay thousands into Social Security for 40 + years.
*We* also pay thousands into Social Security.
Then we have to pay our parents bills.
At the same time we have to support our own children and set money aside for our own retirement because we’ll never see a dime of Social Security for ourselves.

Am I getting this right?

At what point are our parents responsible for themselves? At what point does the government have to uphold it’s promise to give back the money our parents “invested” in Social Security?

It’s really hard for me to swallow the fact that my father ditched and left my mother to raise me by herself in poverty, then (after working my a$$ off to overcome that childhood) I’m somehow supposed to crap the money to provide a better life for them than they provided for me.

My mother has a nice home with her sister, food and reliable medical care. When I was a kid, we ate out of dumpsters. My husband and I are *rockin’* Dave Ramsey and are living our lives responsibly. We’re not counting on Government assistance and are setting ourselves up for a good retirement. Please explain to me why I have to pay for my parents’ (or *anyone’s*) poor life choices?


42 posted on 06/04/2009 8:54:06 AM PDT by Marie
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To: DoughtyOne

Perhaps it would be an incentive for the parents to instill some good values in their children such that they understand their biblical duty to care for their parents when they need it.


43 posted on 06/04/2009 8:54:23 AM PDT by MrB (Go Galt now, save Bowman for later)
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To: InvisibleChurch
Huh??? "Adult children"....you mean like this guy?"


44 posted on 06/04/2009 8:55:35 AM PDT by ChrisInAR (The Tenth Amendment is still the Supreme Law of the Land, folks -- start enforcing it for a CHANGE!)
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To: Jedidah
My parents used to read books at the supper table when we were young. We all had to take a turn as soon as we were old enough to read. I thought it was weird at the time. But one passage from a book by a lady who had escaped from Communist China during the cultural revolution still haunts me.

It seems this elderly woman had been declared dead. She woke up in the funeral home sometime prior to the cremation, climbed out of the casket and went home to her family.

They weren't exactly thrilled to see her, but sent her to the local government office to get herself undeclared. They wouldn't give her the food ration stamps because she had been declared dead. After making the rounds and unsuccessfully trying to convince the bureaucrats she was alive, she gave up, went home, concocted a sleeping tea and climbed back into the casket in the funeral home and went to sleep.

45 posted on 06/04/2009 8:55:52 AM PDT by Vigilanteman (Are there any men left in Washington? Or, are there only cowards? Ahmad Shah Massoud)
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To: Big_Monkey
I agree with you. My hubby's daddy beat him all the time. They haven't seen each other in years for good reason.

This is a horrible idea. Forcing them to pay for parents is a family destroyer. If kids are in a financial situation to afford it, they can help voluntarily. Families used to be like the Waltons. Big houses, everyone doing a part of helping each other with their needs.

That concept disappeared unfortunately.

46 posted on 06/04/2009 8:55:56 AM PDT by dforest (Anyone dumb enough to have voted for him deserves what they get.. No Pity!)
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To: StarFan; Dutchy; alisasny; BobFromNJ; BUNNY2003; Cacique; Clemenza; Coleus; cyborg; DKNY; ...

ping


47 posted on 06/04/2009 8:56:12 AM PDT by nutmeg (DemocRATs: The party of tax cheats and other assorted crooks)
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To: Moonman62
I have in-laws who provided bare basic care for my husband. Seriously. My MIL, a nurse, worked long enough every year to pay the bills in her Florida cracker house that should have been demolished. She barely kept food in the house and never bought them new clothes. Forget nurturing or love. She is from Thailand and they were her ticket into this country.

Neither one of them has any positive attributes. I'd leave the country before I let them suck me dry.

48 posted on 06/04/2009 8:57:30 AM PDT by riri
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To: dfwgator
"Why should I pay for it? "

Before the American Revolution, debts against the crown could be collected from the debtor's offspring, regardless if the debtor's estate was insolvent. Essentially, if your old man was a dead beat, they could take your possessions to satisfy his obligations.

While not frequently discussed, or understood for that matter, this is one of the things that the colonialists rebelled against. And yet, 230+ years later, our own Imperial Federal government wants to bring it back. No thanks.

49 posted on 06/04/2009 8:57:50 AM PDT by Big_Monkey
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To: Jedidah

Yup. SS was just one of many pandora’s boxes of socialism opened in this country. Medicaid, medicare, etc. The list goes on and on.

As federal, state, county and city governments become more and more desperate to keep from utterly collapsing, this sort of thing will be done. And it will work somewhat, and for a very short time, much as the barricades put up by the citizens in Berlin in 1945 worked against the soviets for a very short time and really had no impact on the inevitable, other than to put the people out for a time as they built them.

We are an empire in collapse. It will very possibly be total - ancient Rome style.


50 posted on 06/04/2009 8:58:39 AM PDT by RobRoy (This too will pass. But it will hurt like a you know what.)
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