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We found out thru extended family that my brother in law who has estranged he and his wife from my father in law the past 3 yrs is because his elder attorney in Syracuse, NY told him to do so, to avoid him having to be financially responsible for his dad. Is this a NY thing? His dad has been living with us the past 5 yrs due to not being able to live independently any longer. We tried to get his dad up to visit with him for a vacation for us and for the holidays but his son came up with continued denials and excuses as to why they didn’t want him there. Then after about the 1st yr his son cut all contact, no birthday cards, Xmas gifts, letters or even phone calls…..is this really something an elder attorney would tell someone to do. It seems immoral. I would have never done this to my parents. My father in law has never done anything to his son. He is a very quiet man, that never lashes out. Any insight if this is a legal thing?

Look up the laws yourself. Usually, a person is not financially responsible for another adult unless they are business partners or partners in owning property. So, seeing your parent socially does not confer financial responsibility. Also, being a financial POA for another does not mean you are responsible to pay out of your finances for their financial needs. A financial POA pays bills/debts from the person they are "helping" from that person's assets as well as making financial decisions when the needed. Financial POAs do not kick in unless a person is unable to make decisions themselves.
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Reply to Taarna
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Contact an attorney for accurate information.
What is it that you actually want - to do?
I am not following who you are in this scenario nor what you want to 'do' -
If seems like you would need to speak to the 'brother in law' (?) to ask him what he feels, why he is doing what he is doing.

It sounds like you feel hurt and want support - for yourself and for your father in law because he is - in your eyes - being mistreated. We cannot change anyone's relationships or reactions although it might help you to talk to this person, to share how you feel. And, ultimately, if we are not directly involved / have legal authority, etc., we need to let it go.

I don't know where the father in law is - with you?
Do you contact him? talk to him? This may be all you can do - have a good relationship with him, and the son does what he decides to do.

Gena / Touch Matters
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I am going to speak from experience here in California...
When I was contacted about my brother, who died and had nothing, yet he had some debt. His estate (car) had to be sold to pay what was owed (funeral). What was not paid did not get paid and his daughters were not responsible for the debt. When my friends mother died - had nothing not even a car or a dime - she (the daughter - next of kin) had to pay for the cremation of her mother if not she would have had been sued by the state of California to pay for that cremation.
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MaryKathleen Apr 2, 2024
I too live in California, and I wonder when that was. A gal I knew had no money, when her father died Riverside County Coroner's office cremated him and disposed of the ashes. I paid for a county cremation for one of my daughter's friends who had no estate and her family refused to pay for her cremation, because my daughter wanted to scatter the ashes and give her friend a decent burial. That was a long time ago and the county only charged me $350.00
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My thoughts, the man doesn’t want contact or relationship with his father for whatever reason and isn’t brave or gutsy enough to just call it what it is. Stop expecting anything from him. It really doesn’t matter if any attorney did or didn’t say this
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notgoodenough Apr 1, 2024
Or he told his dad the exact reason why he was cutting contact and dad chose not to believe it.

Frankly, this is between the father and son, and is really not anyone else's business, unless either father or son are asking others in the family to choose sides.
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No one is financially responsible for their parents. He can't send a fathers day card to his dad because he thinks it in some way will make him responsible for his fathers debt? I call BS... He doesn't want to have a relationship with his father for whatever reason. Maybe he is afraid he will be asked to help. I wouldn't give the estranged son another thought. He is telling you who he is...believe him.
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my2cents Apr 2, 2024
In some states they have something called familial responsibility. I think it's only a very few states, but it does exist.
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I can't speak to what the attorney in question might have said, but I DO know that my neighbor was advised by her attorney to legally divorce her husband (of 60 years - of which the last 20 they lived separately but never got legally separated or divorced) so that she would not end up having to go bankrupt paying for his memory care.

I do doubt an attorney would recommend that a son cut off all contact from a parent because a child is not financially responsible for their parent - unless, of course, there is some type of legal agreement in place.

What I was advised by the elder attorney I have used regarding things with my 94yo mother (I am the only child and only family member), was to make sure that when I signed ANY paperwork for my mother (i.e., admissions to hospitals, nursing homes, etc) in a situation where she was unable to sign for herself, that I sign my name followed by 'as designated legal POA for (name of parent)". That way, whatever bills did show up, I would not be responsible (if I just signed my name) but my parent/estate would be.
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Reply to Annabelle18
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RBIndiana: Something seems amiss with that attorney.
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Reply to Llamalover47
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This is often the case, they use their religious affiliation to cover their rediculous action. Saying holy holy holy does not make you a good person, its your action that shows the kind of person you are. Your BIL tries to cover his real disgusting personality with religion. No attorney would say something like that. Keep in mind its hearsay but his no contact action shows the real person. Make sure dads will is in order because the vultures will definitely show up theybare already circling over your house.
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Reply to Spatzi
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I would contact the NY bar association or the NY AARP to ask if this is a practice in NY which does not seem to be quite sensible.
I might attempt to send the brother in law and the grandchildren photos and a light note showing Grandpa in an activity that would show his vibrance.
I would send the note on Grandpa's birthday or wedding anniversary. Light and breezy -- Grandpa is enjoying a warm spring day. He is able to use his cell phone if you'd like to send a text to xxx-xxx-xxxx and here's mine. Just thinking of you and wishing you well.
Sometimes we need to think out of the box when it comes to overcoming estrangements -- if met with nastiness then discontinue, get some counseling as to how to go forward with this sad cliff of estrangement.
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Reply to christinex2ri
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If a lawyer said anything close to this it may have been misinterpreted. Seems In does have a filial law but many of these are not carried out because the income of the children is taken into consideration.

"What is the filial support law in Indiana?
shall contribute to the support of the individual's parents if either parent is financially unable to furnish the parent's own necessary food, clothing, shelter, and medical attention"

These laws were placed on the books before Medicare and Medicaid came into existance. They are very rarely used. We now have resources that can help in the above situation. So not seeing his Dad because he may have to pay for his care is IMO not so and rediculous. I will bet though when his parent dies, he will be right there with his hand out.

I have 2 brothers who made more Money than my DH. I was it when it came to Moms care. Medicaid never asked me for my financials or my brothers. Everything was based on Moms.

The only thing that may make a child responsible is if that child had been physically caring for a parent who could not do for themselves or had Dementia and they walked away. That could be seen as abandonment.
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Reply to JoAnn29
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Why would you think your BIL would be financially responsible for his father?

No one legally has to support their parents. Parents do not have to legally support their own childen past the age of 18 years if they choose not to.

More likely the lawyer told your BIL to cut ties so he wouldn't get responsibility for his father's care and needs forced on him.
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Reply to BurntCaregiver
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RLWG54 Mar 31, 2024
Nobody can be forced to take financial responsibility for their parents. There probably was not any attorney involved in the decision to cut off communication. They made their decision. Accept it and move on.
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You got information thru the grapevine . Which is often not 100% accurate. But in this case it doesn’t really matter .

Actions speak louder. Your BIL does not want to participate in caring for his father , which is why he didn’t allow you to drop him off at his house .
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Reply to waytomisery
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AlvaDeer Mar 26, 2024
He may not even LIKE the dad. Given the no contact thing, I would guess that's the case. We see that often happen on AC.
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I never head of this. Quiet frankly I think it's an excuse and a big lie and they don't know how else to sugar coat the fact that he doesn't care.
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Reply to NJmom201
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To definitively know if its a legal thing, I would say only an attorney can answer that for you. Some things can vary a bit state by state as well. So ask an attorney in your own state ideally.
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Reply to strugglinson
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Whether an attorney said to estrange from the father or not, it's clear that the son wants nothing to do with his dad. You can't force it upon him, and you could consider it a blessing that you don't have to deal with this guy.

Also, what about the financial status of the son? He may not want to sink money into his father's care because it may be an endless pit of responsibility. Right or wrong? Who knows, but children don't have to spend their own money on aging parents.
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Reply to Fawnby
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I agree that I too cannot imagine a lawyer advising 100% no contact with a family member outside of a legitimate legal reason. Your BIL doesn't want to participate with the caregiving of his Father in any capacity, even temporarily. It's sad, but the son has his reasons, which are a mystery -- and you must accept it.

"We found out thru extended family..."

You know grapevines are notoriously inaccurate forms of communication. Like playing "Telephone"... take the info with a grain of salt.

Even if turns out to be ''a legal thing"... so what? It doesn't change anything, really. You still must accept the no contact. You cannot assume someone into caregiving or helping.
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Reply to Geaton777
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I doubt that any attorney said this. My guess is that the BIL is afraid that his father will magically end up at his home if he accepts any visit from him. And quite frankly, based on some horror stories I have heard from other people, he probably has a point. I'm mean, look at what happened to you?
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Reply to olddude
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Honestly, who can know?
This may be an excuse. It may not be. But there is no way you can ever know.

The real point here is that this family wishes NO CONTACT.
And there is honestly nothing that can be done about that.
For that reason alone this isn't really relevant at all.

This son isn't financially responsible for his father whether he has contact or does NOT have contact, so the question is fairly irrelevant. If someone is thinking of filial law, that isn't ever used any more whether it's on the "books" in a state or not. Children are not responsible for parents.
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Reply to AlvaDeer
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RBIndiana Mar 26, 2024
I wasn’t questioning the relevance of whether or not BIL doesn’t want contact with his father, that is obvious. What I was looking for was anybody ever hearing that an attorney would ask his client to stoop that low to avoid financial involvement with a parent. His dad is 97 and up until the time dad was no longer the active self sufficient man he always was, my BIL was just fine being his son and in fact was the golden boy. I guess what pisses me off is that both my BIL & SIL protest them selves as pillars of their church community, bible studies at their home, working soup kitchens for the indigent, etc…I would love to make contact with their church community and let them know what true parishioners they have.
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