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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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