You’re doing well by any metric regarding your finances, family, and career. The kids are grown and have just finished college, and they look forward to making their mark in the world. You and your spouse/partner are planning various deferred lifetime vacations. Life is great. There’s a knock at the door. A sheriff’s deputy is handing you a summons to appear in court. It seems a long-term-care facility is suing you for $350,000. Your elderly mother can’t pay for her care, and the facility now wants you to pay under the law. Is this legal? Yes. Could they win in court? Yes, under the law known as Filial Responsibility Law.
Filial responsibility is the legal duty of adult children to support their parents. Currently, thirty states have filial responsibility laws (FRL) requiring adult children to provide support if their parents cannot. Massachusetts is one of the thirty states. Although FRL varies among the thirty states, the one element it covers is the parents’ basic needs.
“Massachusetts Gen. Laws Ch. 273 § 20: Any person over the age of 18 who unreasonably neglects or refuses to provide support and maintenance ofhis destitute parents is punishable by imprisonment of not less than one year.”
What does FRL cover beyond basic needs? It encompasses various expenses, such as doctor copays and the increasingly high nursing home bills that can reach six figures. The irony is that the law treats both situations equally. In an FRL state, the doctor and the long-term care facility can sue you, the child, for your parent’s mounting bills. FRL provides an advantage for those seeking payment from the child.
The FRL is a law that serves as an equivalent to an “in case of emergency, break glass” procedure. The state government has established this law to be used in the future. We are witnessing a significant wealth transfer from baby boomers, the largest segment of the population, estimated to be around $84 trillion. Many senior baby boomers will eventually require some level of assisted living. Due to the high burden, medical facilities and the state government are likely to seek reimbursement payments from the children of these seniors under the FRL. Healthcare costs alone have risen, on average, over three percent annually. We all know healthcare is a business based on profits.
If you live in a state with filial responsibility laws (FRL), it’s essential to understand your legal obligations regarding your aging parent. Here are the circumstances under which you could be held financially responsible:
1. If your parent fraudulently transfers assets to you.
2. If there are mounting unpaid medical bills.
3. If your parent doesn’t qualify for Medicare.
4. If your parent is in a state of poverty.
5. If you have the financial means to pay these expenses.
Check the specific laws in your state to fully understand your potential responsibilities. Disregarding this law can lead to serious financial consequences, including being sued by a long-term care facility and facing civil and criminal penalties. Failing to comply can also strain family relationships or create conflict among siblings since the party filing the lawsuit can target just one sibling under the FRL law. The sibling being sued is responsible for seeking assistance from the other siblings for any required reimbursement.
How do we prepare for the inevitable? As with everything, it begins with gaining knowledge. Does my parent qualify for Medicaid? Then, we have family discussions and create a plan. A key part of that plan is to engage a financial planner and an estate attorney and, in some cases, obtain a type of insurance coverage. It would be best to start planning with an attorney specializing in elderly law. Make no mistake: Filial Responsibility Laws are in place to get reimbursement from you or a sibling.