Filial Laws: Can states make you pay for parents care? Has anyone experienced this in Pennsylvania?

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29 States That Could Make Adult Children Pay for Mom’s CareArticle

By Kelly GreeneTwenty-nine states have “filial support” laws on the books that could be used to go after patient’s families for unpaid long-term-care bills.

We described one case in Pennsylvania, the main state where health-care providers have started using such a law, in last weekend’s Family Value column, “Are You on the Hook for Mom’s Nursing-Home Bill?”

The question many people in other states asked, of course: What are the 29 states?

Here’s the list, according to a recent paper by Katherine Pearson, a law professor at Pennsylvania State University.

Keep in mind that usage in other states has been infrequent, though long-term-care providers could look to the Pennsylvania precendents as sources of payment become more constricted.

STATE STATUTE
Alaska Alaska Stat. § 25.20.030 (Duty of parent & child when poor); Stat. § 47.25.230 (Persons liable for support and burial) Alaska Stat. § 11.51.210 (Crime)
Arkansas Ark. Code Ann. § 20-47-106 (Duty limited to mental health services)
California Cal. Fam. Code 4400-4405 (Duty to support parents); Cal. Fam. Code 4410-4414 (Relief from Duty to Support Parents); Cal. Welf. & Inst. Code §& 12350 & 12351 (Including Releases of Obligation to Reimburse State) Cal. Penal Code § 270(c) (Crime)
Connecticut Conn. Gen. Stat. Ann. § 53-304 (Crime, for refusing reasonable necessary support to parent under age 65)
Delaware Del. Code Ann. Tit. 13 § 503 (Duty to support poor person includes spouse, parents & children); Del. Code Ann. Tit. 13 § 506 (Just cause defense to failure to support)
Georgia GA. Code Ann. § 36-12-3 (Children of full age shall support paupers)
Indiana Ind. Code Ann. §§ 31-16 -17-1 thru 7 (Liability of children for support of parents & contribute to burials) Ind. Code Ann. § 35-46-1-7 (Crime)
Iowa Iowa Code Ann. § 252.1 (Defining “poor person”) Iowa Code Ann. § 252.2(Liability) Iowa Code Ann. § 252.5 (Remote relatives – Grandparents)
Kentucky KY. Rev. Stat. Ann. § 530.050 (crime)
Louisiana La. C.C. Art. 229 (Reciprocal duties; parents & children); La. C.C. Art. 239 (Reciprocal duties; illegitimate children); La. R.S. 13: 4731 (Alimony from children or grandchildren)
Maryland MD. Code Ann. Fam. Law §§ 13-101 thru 13-109 (Support claims by destitute parent or adult children)
Massachusetts Mass. Gen. Laws Ann. ch. 273, § 20 (Crime)
Mississippi Miss. Code Ann. § 43-31-25 (Liability of parents, grandparents, brothers & sisters)
Montana Montana Code Ann. § 40-6-214 (Reciprocal duties of parents & children); Montana Code Ann. § 40-6-301 (Duty to support indigent parents)
Nevada Nev. Rev. Stat. Ann. § 428.070 (Child’s duty to reimburse for county hospitalization of indigent parents, where child promised to support parent in writing); Nev. Rev. Stat. Ann. §439B.310 (Defining indigent)
New Hampshire N.H. Rev. Stat. Ann. § 167:2 (Reimbursement to state or county for public assistance to parent) N.H. Rev. Stat. Ann. § 546-A:2 (Liability of spouses, parent, child for reasonable subsistence)
New Jersey N.J. Stat. Ann. §§ 44:4-100 thru 44:4-103 (Liability of parents, spouses and children of poor persons); N.J. Stat. Ann. §§ 44:1-139 thru 44:1-142 (Compelling assistance from relatives including children)
North Carolina N.C. Gen. Stat. § 14-326.1 (Crime)
North Dakota N.D. Cent. Code § 14-09-10 (Reciprocal duties of parents and child; promise of adult child to pay for necessaries furnished to parent is binding)
Ohio Ohio Rev. Code Ann. § 2919.21 (Crime)
Oregon OR. Rev. Stat § 109.010 (Duty of support for children and parents) Or. Rev. Stat. § 163.205 (Crime)
Pennsylvania 23 Pa. C.S.A. §§ 4601 thru 4606 (Duty of parents to indigent child and child to indigent parents)
Rhode Island R.I. Gen. Laws §§ 15-10-1 thru 15-10-7 (Penalty for unreasonable neglect of destitute parents); R.I. Gen. Laws §§ 40-5-13 thru 40-5-21 (Obligation of kindred for support)
South Dakota S.D. Codified Law § 25-7-27 (Adult child’s duty to support parent); S.D. Codified Law § 25-7-28 (Right of contribution from brothers and sisters); S.D. Codified Laws § 28-13-1.1(Defining “indigent or poor person”)
Tennessee Tenn. Code Ann. § 71-5-103 (Definition of responsible parties includes children); Tenn. Code Ann. § 71-5-115 (Welfare Department may require reimbursement from responsible parties)
Utah Utah Code Ann. § 17-14-2 (Support of Poor by Relatives: children; parents, brothers and sisters, grandchildren, grandparents)
Vermont VT. Stat. Ann. Tit. 15, §§ 202 & 203 (Penalties for nonsupport)
Virginia VA. Code Ann. § 20-88 (Support of parents by children)
West Virginia W. VA. Code § 9-5-9 (Liability of relatives for support, including children, parents, brothers & sisters)

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PSTEGMAN You are right there are many greedy people in this world. The ones who are not should not have to bear the extra burden of them.
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Personally, I find these laws wonderful when they disperse the greedy heirs who would take every last penny and then dump parents onto Medicaid. I'm not talking po' folks, I mean the college-educated upper class snots who manipulate the system better than any Walmartian thought of doing. I want to be a fly on the wallpaper when the feds take it all.
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These laws are archaic except in the case of minor children and in some instances spouses. I will just move to a state that repealed those ridiculous statutes like Florida. Once you turn 18 you are considered an adult. Financially supporting an elderly relative should be a choice not a mandate. If an adult woman can get welfare for the support of their children, then the states need rethink impoverishing adult children in the care of an elderly parent. Especially if the elderly parent made bad financial choices.
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This is posted to inform others of these laws....Would like to hear comments reagarding this subject. Especially if anyone has encountered this. I feel this is very useful information.
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