Family at dinner tableThese words may not be the subject of everyday conversations at the family dinner table, but they could become so, especially if you find yourself becoming the caretaker of an aging parent or sibling.

Filial responsibility laws date back to 17th century. There were statutes in England called filial law requiring children to financially support their parents when they couldn’t support themselves.

Filial responsibility is used to describe the feeling of duty or sense of personal obligation that adult children take on with regard to providing protection, care, and support for their aging parents. Filial responsibility manifests itself in both the attitudes and behaviors of adult children as they assist with household tasks, shopping, constant personal contact, giving affection and emotional support, sharing living arrangements, and help in meeting daily needs. Over time this attention to filial responsibility can develop into dependency on the part of the elder parent.

The U.S. Census Bureau has created a statistical indicator called the dependency ratio. It measures the number of people 65 and older to every 100 people of traditional working ages. The ratio is projected to climb rapidly from 22 of every 100 in 2010 to 35 in 100 in 2030. During this time period, baby boomers will be moving into the 65 and older age category. By 2050 the ratio is expected to reach 37. As this ratio increases, the greater the potential financial burden and the more states that will be looking to recapture costs associated with governmental assistance.
scales-of-justiceFor example, Pennsylvania has filial laws that place a duty on adult children to provide care for their indigent parents. 30 other states have similar laws with two-thirds of them, Pennsylvania included, contain provisions which allow a long-term care provider to file legal action against and sue family members to recover unpaid costs.

Recently, an appeals court in Pennsylvania under its filial law statute, deemed an adult son responsible for the unpaid $93,000 bill of his elderly mother who was a resident in a nursing home. Some elder care lawyers have wondered if this decision is just the beginning of a trend.

We could see enforcement of filial laws increase in the future. Long-term care costs are averaging around $200 per day in nursing homes. Medicaid rules are getting more strict which makes it more difficult for people to receive government assistance. As a result, an increasing number of bills will be left unpaid. Home care and facility care providers may find the only recourse is to file lawsuits to recover them.

Filial law is not new. As mentioned earlier, they were prevalent in England and were called Poor Relief laws. They have been on the books in many states in the US for decades, but rarely have they been enforced. States with filial responsibility laws are: Alaska, Arkansas, California, Connecticut, Delaware, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Montana, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia, and West Virginia

To avoid the potential loss of control and the costs associated with elder care, the discussion of long-term care insurance should be included by Elder Care Attorneys when they complete their assessments with senior clients. This option offers solutions that not only protect the client, but ensures their legacy is not one of burden for their family.

It is important to note that filial laws don’t directly apply to Medicaid recipients, however, they may force children to pick up the cost of thier parents’ long-term care many years before the parents become eligible for Medicaid.

It is never too late to plan ahead and be prepared for that risk which can best be avoided or managed.