I have been take care of my mom for over 6yrs we live together but my other 2 brothers have not help at all I think it time for them to take over taking care of her but if I live with her does the law state I must takecare of her
Perhaps, talk with your siblings. If it is too much for you to do this, then do find other sources.. I tried taking care of mom, living with her, and then her with me, and taking care of family....... It is tough. Moral obligations? Take care
It is inappropriate that your brothers do not help. But, since you live with her, just by proximity you are taking the responsibility for her. If you cohabit-ate with her, if she is unfed, or unattended you can be charged with negligence. It is a hot potato and you are holding it. You cannot live there and ignore her. So, if you are not willing to care for her, you need to get her placed in an appropriate care facility. Her assets will need to go towards that.
Depends where you live. Some states have Filial Responsibility laws. 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. Pennsylvania is the most aggressive, the NH will sue and win judgment for unpaid bills. Here is a link: http://www.pacourts.us/assets/opinions/Superior/out/A36025_11.pdf In Pittas v. HCR, the son had the means to pay so the court awarded $93,000 to the nursing home. So if your brothers are making 85K a year, as Mr. Pittas was, they need to contribute to her care. You on the other hand, must prove the expenses that are hers, and only hers.
I don't have any law books available, but I imagine that if you are living with her, then you could be held accountable. If you do not want to take care of her any longer, then it is okay to look for a suitable facility for her. A good place to start is the link to the right of this page. It could give you an idea of what is available in your area.
You've invested 6 years in your mother's care. I don't know if it has been full time, but I know it can become consuming. Don't feel guilty if you need to get outside help. Many of us do.
But, since you live with her, just by proximity you are taking the responsibility for her. If you cohabit-ate with her, if she is unfed, or unattended you can be charged with negligence. It is a hot potato and you are holding it.
You cannot live there and ignore her. So, if you are not willing to care for her, you need to get her placed in an appropriate care facility. Her assets will need to go towards that.
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.
Pennsylvania is the most aggressive, the NH will sue and win judgment for unpaid bills. Here is a link:
http://www.pacourts.us/assets/opinions/Superior/out/A36025_11.pdf
In Pittas v. HCR, the son had the means to pay so the court awarded $93,000 to the nursing home. So if your brothers are making 85K a year, as Mr. Pittas was, they need to contribute to her care. You on the other hand, must prove the expenses that are hers, and only hers.
You've invested 6 years in your mother's care. I don't know if it has been full time, but I know it can become consuming. Don't feel guilty if you need to get outside help. Many of us do.