Filial responsibility laws require adult children to support their parents when the parents cannot care for themselves. These laws, which date back centuries, aimed to shift the care burden from the public to family members. Today, about 30 states have versions of these laws. Although Georgia is a filial responsibility state, it rarely enforces these laws. Still, it’s important to understand how they work and what they could mean for families.
Georgia’s Role as a Filial Responsibility State
Georgia law allows counties to sue the children of an indigent parent to recover care costs. Legislators created this law when local governments played a larger role in providing direct assistance to individuals in need. However, with programs like Medicaid now handling much of that responsibility, counties seldom provide direct support. As a result, counties rarely use this law today. However, it remains in place, so families should be aware of it.
Enforcement of the Law
Although Georgia enforces the law infrequently, other states with similar statutes follow the same pattern. However, there are instances of the courts enforcing these laws in other states.
For example, a Pennsylvania court ordered a man to pay his mother’s unpaid nursing home bills totaling about $93,000. This case shows how these laws can impact families.
Factors Courts Consider
Courts enforcing filial responsibility laws review various factors before determining liability. They look into the adult child’s financial situation, including income, debts, and retirement savings. Courts also consider the number of dependents the adult child supports.
In some cases, children may avoid liability. If a parent abandoned the child during childhood or if there was evidence of abuse, courts may rule in the child’s favor. Judges examine these circumstances on a case-by-case basis.
Avoiding Liability
Work with a qualified lawyer to help your parents with estate and Medicaid planning. It will ensure their care and financial needs are covered, so you won’t have to worry about it later.
Also, be careful when signing agreements with care facilities. Many nursing homes or hospitals ask family members to sign documents that make them guarantors for their parents’ expenses. It’s crucial to fully understand the terms of these agreements before taking on any financial responsibility.
Another way to prepare for the future is by having open discussions with your parents about their long-term care plans. These conversations can help set clear expectations and prevent surprises.
Have you discussed your parents’ long-term care plans?
While Georgia rarely enforces these laws, they still exist. Planning can help you avoid unexpected financial burdens. Encourage your parents to meet with a lawyer to create a plan for their long-term care. By preparing now, you can help protect your family from future financial challenges.
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