Medicaid Planning and Filial Obligation Laws

While planning for retirement, many individuals focus on the cash they’ll need to support themselves and their family after they stop working. What few individuals plan for is the possibility that they will need to pay for their senior moms and dad’s retirement home expenditures. Though not commonly reported, about 30 states have laws that allow retirement home and other prolonged care facilities to pursue the adult kids of somebody staying in the care facility.

In some states, these laws, understood as filial responsibility laws, give prolonged care facilities the right to take legal action against adult children to recover unpaid bills.
While filial obligation laws differ substantially in between states, and just about 20 states have provisions that allow nursing homes or extended care facilities to take legal action against adult relatives of clients, they provide further incentives for anybody to begin estate planning and extended care or Medicaid planning as soon 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 hesitant to impose these laws even though they have actually been there for decades.