Could you be legally liable for paying for your parents’ care?
Filial support laws exist in 29 states (California is ONE of those 29 states) as well as Puerto Rico, and have quietly existed on the books for a long time. Now, however, these laws are a very real and present concern for the adult children of elderly loved ones.
California’s filial support laws date back to 1872 and are currently found in California Family Code sections 4400-4405.
Family Code Section 4400 is currently being undermined by California Welfare and Institutions Code 12350 which states:
“No relative shall be held legally liable to support or to contribute to the support of any applicant for or recipient of aid under this chapter.”
It goes on to say “No county or city and county or officer or employee thereof shall threaten any such relative with any legal action against him by or in behalf of the county or city and county or with any penalty whatsoever.”
Fortunately, the last California court case involving filial support was in 1973.
“No relative shall be held legally liable to support or to contribute to the support of any applicant for or recipient of aid under this chapter.”
It further states “No county or city and county or officer or employee thereof shall threaten any such relative with any legal action against him by or in behalf of the county or city and county or with any penalty whatsoever.”
– See more at: http://karlkimco.com/impact-filial-support-laws-state-california/#sthash.R2ib38du.dpuf
Forbes has provided a crash course regarding filial laws and their potential challenges in an article titled “Who Will Pay For Mom's Or Dad's Nursing Home Bill? Filial Support Laws And Long-Term Care.”
Essentially, filial support is the legally-imposed financial responsibility whereby children are responsible for their aging parents. The origins of filial support are found in some pretty old laws and lines of legal reasoning. History aside, consider filial support the flip-side of the legally-imposed financial responsibility parents owe to young children.
Nevertheless, in a modern context with the massive escalation of healthcare costs, some see a dangerous pattern emerging. This is most dramatically evident when it comes to the costs of long-term care. So are you at risk?
These are state laws. However, you might be liable if an elderly loved one resides in one of these states and you do not. Does this have your attention?
California’s filial support laws date back to 1872 and are currently found in California Family Code sections 4400-4405. However, Family Code Section 4400 is currently being undermined by California Welfare and Institutions Code 12350 which states:
“No relative shall be held legally liable to support or to contribute to the support of any applicant for or recipient of aid under this chapter.”
It goes on to say “No county or city and county or officer or employee thereof shall threaten any such relative with any legal action against him by or in behalf of the county or city and county or with any penalty whatsoever.”
Fortunately, the last California court case involving filial support was in 1973. However, if California really needed the money, don’t you think the Welfare and Institution Code could, and would, be amended? In addition, this code only applies to the government, not nursing home corporations or companies.
Be sure to read the original article and, perhaps, do a little online research yourself. Better yet, consult with an experienced elder law attorney or get involved in your parents’ retirement and financial planning to make sure that they have enough money to pay for their care costs.
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Reference: Forbes (February 3, 2014) “Who Will Pay For Mom's Or Dad's Nursing Home Bill? Filial Support Laws And Long-Term Care”