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Filial Laws In America. A consumer presentation on the new Filial Laws being passed in the USA today. Prepared by Mark Randall, GoldenCare USA, July 1, 2006. Important Notice – Please Read.

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Filial laws in america

Filial Laws In America

A consumer presentation on the new Filial Laws being passed in the USA today.

Prepared by Mark Randall, GoldenCare USA, July 1, 2006


Important notice please read
Important Notice – Please Read

  • This presentation contains information about the new Filial Laws being passed in various states today.

  • There are still potential legal issues that could change the scope of the filial laws. Also, at this time, no state that the author is aware of is currently enforcing the laws.

  • This presentation also includes some interpretations and opinions by the author, Mark Randall

  • Because of this, you should not consider this information as legal advice. Consult with your own legal advisor for information about how this law may affect you.


Elderlawanswers dubbed dra 2005 as 1 the nursing home bankruptcy act of 2005
ElderLawAnswers dubbed DRA 2005 as1“The Nursing Home Bankruptcy Act of 2005.”

“Nursing homes will likely be flooded with residents who need care but have no way to pay for it. In states that have so-called "filial responsibility laws," the nursing homes may seek reimbursement from the residents’ children.”

1 “Congress Passes Bill Containing Punitive New Medicaid Transfer Rules” ElderLawAnswers.com 2/2/2006

Note: Red coloring and Italics were added to highlight areas this author desired to discuss.


National center for policy analysis
NATIONAL CENTER FOR POLICY ANALYSIS

Following slides are sourced from:

The Legal Responsibility of Adult Children to Care for Indigent Parents

Brief AnalysisNo. 521Tuesday, July 12, 2005

by Matthew Pakula

Matthew Pakula is a recent graduate of Michigan State University College of Law. This brief analysis is based on Pakula’s academic study, “A Federal Filial Responsibility Statute: A Uniform Tool to Help Combat the Wave of Indigent Elderly.”


The elizabethan poor relief act of 1601 required the
The Elizabethan Poor Relief Act of 1601 Required The…

“father and grandfather and the mother and grandmother, and the children of every poor, blind, lame, and impotent person” to support that individual to the extent they were able.

1. July 12, 2005, “The Legal Responsibility of Adult Children to Care for Indigent Parents” National Center For Policy Analysis Brief Analysis, by Matthew Pakula


Transplanted to american
Transplanted to American

  • Transplanted to the American colonies, this duty is a purely statutorily created duty that does not exist in common law.

    • Prior to this legal duty, supporting poor family members was considered a moral duty

    • Moral duty receded as our society has evolved. Mobility changed our families

    • More important, both federal and state programs help to meet the needs of the poor.

1. July 12, 2005, “The Legal Responsibility of Adult Children to Care for Indigent Parents” National Center For Policy Analysis Brief Analysis, by Matthew Pakula


Filial responsibility statutes 1
Filial Responsibility Statutes1

  • Establishes a duty for adult children to care for their parents

  • As of July, 2005, 30 states have passed filial laws

  • Can require adult children to reimburse Medicaid or institutions

    • May be a one-time contribution or installment payments

1. July 12, 2005, “The Legal Responsibility of Adult Children to Care for Indigent Parents” National Center For Policy Analysis Brief Analysis, by Matthew Pakula


States with filial responsibility laws
States With Filial Responsibility Laws

  • Alaska Arkansas California Connecticut Delaware GeorgiaIdaho Indiana IowaKentucky Louisiana Maryland Massachusetts Mississippi MontanaNevada New Hampshire New Jersey North Carolina North Dakota Ohio Oregon Pennsylvania Rhode Island South Dakota Tennessee UtahVermont Virginia West Virginia

Most have been passed between 1996-2005


Enforcement varies in states 1
Enforcement Varies In States1

  • 21 allow civil court action for financial support or cost recovery

  • 12 specify a criminal penalty for filial nonsupport

  • Many limit liability:

    • Based on Adult Child’s income

    • If their financial situation changes

    • If their parent abandoned or deserted them

  • July 12, 2005, “The Legal Responsibility of Adult Children to Care for Indigent Parents” National Center For Policy Analysis Brief Analysis, by Matthew Pakula

  • Three states allow both civil and criminal actions


Basic argument for filial laws
Basic Argument For Filial Laws

“The Center for Long-Term Care Financing estimates that one-third of Medicaid long-term care costs — $20 billion annually — are for seniors who could have purchased their own insurance to pay for their care, but did not.”

July 12, 2005, “The Legal Responsibility of Adult Children to Care for Indigent Parents” National Center For Policy Analysis Brief Analysis, by Matthew Pakula,


The message appears clear
The Message Appears Clear!

  • States are getting prepared for the baby-boomers entering retirement

  • The cost of Long Term Care will continue to be shifted to the private sector

  • If your family can afford to pay, you have two options:

    • Be prepared for the possibility of paying, or,

    • Cover your risk with Long Term Care insurance


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