Medicaid Planning and Filial Obligation Laws

Medicaid Planning and Filial Obligation Laws

While planning for retirement, lots of people focus on the cash they’ll need to support themselves and their household after they quit working. What few individuals prepare for is the possibility that they will have to pay for their elderly parent’s retirement home expenditures. Though not widely reported, about 30 states have laws that enable nursing houses and other prolonged care centers to pursue the adult kids of somebody staying in the care center.

In some states, these laws, understood as filial obligation laws, offer extended care facilities the right to take legal action against adult children to recuperate unpaid bills.
While filial responsibility laws differ considerably in between states, and just about 20 states have provisions that enable nursing homes or extended care centers to take legal action against adult relatives of clients, they offer further incentives for anybody to begin estate planning and extended care or Medicaid planning as quickly as possible.

Under Federal law, states can’t pursue family members if a parent is eligible for Medicaid protection.
The states in which filial responsibility laws exist have actually been reluctant to enforce these laws even though they have actually been there for years.

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