New Use of an Old Law Could Mean Tougher
Times Ahead for Baby Boomers The recently reported use of a law that has been on the books of dozen's of states for decades has
many baby boomers with aging parents alarmed and giving rise to a new wave of ethical and
legal debates. The fundamental legal question that arises is: should adult children be legally
responsible for their parent's outstanding healthcare bills?
According to a recent Forbes magazine article a Pennsylvania state appeals court answered that
question with a resounding yes and a $93,000 bill for his mother's unpaid nursing home bill left
after she moved out of the country. With Georgia being one of 30 states that have varying
versions of a Filial Responsibility Law, a tsunami of debate is brewing surrounding the legal,
ethical and economic impact of what experts are touting as a coming trend headed straight for
baby boomer's wallets.
STATES THAT CURRENTLY HAVE FILIAL RESPONSIBILITY LAWS ARE:
Filial Law (Filial being defined as: of, relating to, or befitting a son or daughter: filial respect)
predates the first American colonies and the concept originated from English feudal law. Though
filial laws in each state differ, they all generally hold that children are responsible for their
indigent parents. In justification of recognizing filial law, two basic theories are most prevalent in
the argument:
•
The Moral Theory - it is right and morally good for children to support parents and those
that don't should be punished.
•
The Reciprocal Theory - there is a contract relationship between children and parents
based on reciprocal support from parent to child and conversely, child to indigent parent.
Also called filial support law and filial responsibility law, both theories have their criticisms but
they basically bring the child to bear for an indigent parent's care and expenses. Underlying
issues such as money and the age of the children are already heating up across the country. Now
that the proverbial "cat is out of the bag" regarding states' legal leverage in recovering unpaid
nursing home care and assisted living bills (that Medicaid or Medicare don't pay for) aging child
caregiver beware but don't panic. The majority of states are just now blowing the dust off of this
law and fewer have clearly defined
HOT BUTTON ISSUES WITH FILIAL LAW INCLUDE:
•
State Jurisdiction - children living in non-filial states being required to support their
parents that reside in a filial state; will child support laws be used as an example in
determining the child's responsibility?
•
Age of Children and Ability to Pay - Kentucky law assumes the child's responsibility for
the parent whereas in Utah a full denial by the child is required before enforcement can
occur; if the child can pay, how much is enough; if the child can't pay what then?
•
Enforcement - depending on the state, infractions of current filial law can result in
anything from a misdemeanor to a felony and or fines in the hundreds or the thousands of
dollars; what percentage is fair? •
State Savings - in most states, the lion's-share of Medicaid dollars pay for nursing home
care each year as in Georgia at 74% of $2.3 Billion; will states take advantage of the
potential savings and ramp up enforcement?
With 29 other versions of the law on the books besides Georgia's and 76 years of dust lining
Georgia's law books since the last filial responsibility case was tried in 1936, it may be a while
before it becomes a major campaign issue. However, it is something to be considered and
planned for among parent-care-giving baby boomers.
To learn more about Filial Responsibility Law click here or contact your family lawyer to inquire
about your filial responsibilities.
Georgia Code Ann. 36-12-3 (2000)
Tod Rose
Contributing Writer