I live I Utah and that wording sounds exactly as I would expect it to :)
In my "experience" nobody does go to the law to enforce this. People care for their elders or they don't. I can't even get my sibs to VISIT mother or have a one hour "sit and chat" about her care. I think that's pretty normal, not saying it's RIGHT, just saying it's normal.
In Utah the law is very broad: “Children shall first be called upon to support their parents, if they are sufficient ability; if there are none of sufficient ability, the parents of such a poor person shall be next called upon; if there are neither parents nor children, the brothers and sisters shall be next called upon; and if there are neither brothers nor sisters, the grandchildren of such poor person shall next be called upon, and then the grandparents.”iii
The North Dakota Supreme Court has upheld a lower court ruling that the son of deceased nursing home residents is liable for the unpaid costs of care provided to his parents. The case was returned to the lower court to properly apportion the liability among the son, his 5 siblings, and the parents’ estates. The case is Four Seasons Healthcare Center v. Linderkamp, 213 ND 159 (September 4, 2013).
In a 1994 ruling in Savoy v. Savoy, a Pennsylvania court ruled that a son must pay monthly installments to his elderly mother’s health-care provider based on the state’s 1937 support law. Regarding the child in Nevada: https://publications.usa.gov/epublications/childenf/interstate.htm "However courts of all United States territories, states and tribes must accord full faith and credit to a support order issued by another state " See the Uniform Interstate Family Support Act of 2008.
Pam, I've seen a few of those cases in filial responsibility states. I've not seen where all children were required to pay (although I'm sure that is possible.) Would a Wisconsin court have jurisdiction over a child who lives in Nevada?
But you are right. A court might be able to force this. But can "you" force your siblings to pay for a care home? No, I don't see how that would work.
Yes you can IF the parent lives in a state with "filial responsibility" laws AND Medicaid has rejected the application because parents gave away assets to children. Pennsylvania courts awarded $93K to a nursing home, forcing the son to pay the bill. See HCR v. Pittas, 2012.
You aren't providing much info, but if it's simply that you feel all siblings should "kick in" a specific amount towards aging care, unless your family is really unusual, you are not going to get 100% cooperation. Families are without question the hardest people to deal with, esp when it comes to money.
There's 5 of us "caring" for mother. We don't agree on anything.
I can guarantee that "forcing" a sib to do something they can't afford/don't want to do will result in a mess of epic proportions. Check out all other avenues of monetary support before you even approach your sibs.
Mier0007 - can you explain why you are asking the question? If your father cannot pay for care, have you applied for Medicaid? That is the avenue to pursue vs trying to force siblings.
In my "experience" nobody does go to the law to enforce this. People care for their elders or they don't. I can't even get my sibs to VISIT mother or have a one hour "sit and chat" about her care. I think that's pretty normal, not saying it's RIGHT, just saying it's normal.
“Children shall first be called upon to support their parents, if they are sufficient ability; if there are none of sufficient ability, the parents of such a poor person shall be next called upon; if there are neither parents nor children, the brothers and sisters shall be next called upon; and if there are neither brothers nor sisters, the grandchildren of such poor person shall next be called upon, and then the grandparents.”iii
Regarding the child in Nevada:
https://publications.usa.gov/epublications/childenf/interstate.htm
"However courts of all United States territories, states and tribes must accord full faith and credit to a support order issued by another state " See the Uniform Interstate Family Support Act of 2008.
But you are right. A court might be able to force this. But can "you" force your siblings to pay for a care home? No, I don't see how that would work.
You aren't providing much info, but if it's simply that you feel all siblings should "kick in" a specific amount towards aging care, unless your family is really unusual, you are not going to get 100% cooperation. Families are without question the hardest people to deal with, esp when it comes to money.
There's 5 of us "caring" for mother. We don't agree on anything.
I can guarantee that "forcing" a sib to do something they can't afford/don't want to do will result in a mess of epic proportions. Check out all other avenues of monetary support before you even approach your sibs.