Short Answer: Maybe; It Depends on a Lot
You may have heard this idea on social media that you would be legally responsible for your parents in the event that they can no longer care for themselves. In states that have filial responsibility laws, this is kind of true in certain situations. Technically speaking, if your parents reside in a state with filial responsibility laws, you may have a legal obligation to care for them in their need. However, there are limitations to this. For example, your parents can’t run themselves into financial ruin, refuse to work, and then demand that you cover the cost of their day-to-day expenses.
Filial Responsibility Laws IRL
While it may sound scary to be burdened with the cost of financially supporting your parents, adult children are rarely ordered to cover an indigent parent’s expenses. As previously mentioned, your parents cannot simply run themselves into financial ruin, refuse to work, and demand your financial support. In most cases, filial responsibility laws are only applied when a parent has extensive medical bills that they are unable to pay, and the child is able to pay them. So, if you can’t pay your parent’s medical bills that are in the tens of thousands, don’t worry—it’s unlikely you’d be ordered to pay them. These laws are typically only applied when the adult child has the ability to pay and the parent does not. Most debt collectors aren’t interested in taking the children of indigent debtors to court unless the debt is substantial enough to outweigh the legal fees, and there’s a good chance of being able to collect. In many situations, those in need qualify for Medicare or Medicaid, making it unnecessary to go after the adult children.
Do Filial Responsibility Laws Only Apply to Medical Debt?
The exact laws vary from state to state; however, some states have laws that obligate children to cover the cost of their parent’s expenses regardless of whether the debt is medical or not. In most cases, a court would consider other factors, such as the parent’s ability to earn enough income, the extent of their need, and the child’s ability to pay. Generally speaking, these laws are designed to ensure that children cover the cost of the parent’s basic needs in the event that the parents cannot do so themselves. Assuming a parent isn’t disabled, they are likely able to get a job that will provide them with a sufficient income for their basic needs. The parents in need would likely also qualify for other forms of support such as food stamps, Medicare, Medicaid, etc., again, making it unnecessary to pursue the adult children.
Do I Have to Pay off My Parent’s Consumer Debt?
Assuming you aren’t on the loan, credit card, or lease, you are unlikely going to be responsible for paying your parent’s consumer debt in their stead. This is because the loan was between the lender and your parent alone, leaving them no recourse to sue you in the event of nonpayment. However, there may be some exceptions to this. For example, if your parents pass away and leave you a car with a loan left on it, you will likely have to continue paying the car payments if you want to keep the car. Depending on the laws in your state, the executor may have to take measures to resolve the deceased party’s debt with the deceased party’s estate.
Conservatorships
As previously mentioned, many elderly parents who are in need do qualify for Medicare and/or Medicaid, negating the need to lean on adult children for financial support. However, there may be some instances where a parent is no longer able to manage their own finances or make medical decisions in accordance with their best interests. A conservatorship would allow a trusted individual or an entity to act in the best interests of the incapacitated parent when it comes to finances and/or medical decisions. This may help ensure that a parent does not squander their finances or neglect to care for medical conditions, which could lead to extensive medical costs. It may also help you mandate that your parent get additional care such as residential living.
When You Need Help Protecting Your Aging Parents
If you’re considering a conservatorship or power of attorney for your aging parents, CoilLaw is here for you. Contact us today to set up your initial consultation.
