Filial Laws Pose a Thorny Problem for Children of Aging Parents
By: Diane Keefe, Geriatric Care Manager
Does your state have filial laws on the books? Twenty-nine states do have filial law. What is it? It is a law that say that spouse or children of parents or even grandparents may be required to pay for their care. In this environment of states scrambling to pay increasing care costs due to people living longer, they may be looking to families to carry more of the financial burden. Here are some of the states that do have filial law on the books: Alaska, Arkansas, California, Connecticut, Delaware, Georgia, Indiana, Iowa, Kentucky, Maryland, Massachusetts, Mississippi, Montana, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia and Puerto Rico.
Some states that do not have laws on the books will not honor states who try to collect from someone in their state. Some of the laws indicate that it is limited to support and burial; other name spouses, children and grandparents so it is important that you look into the laws in your particular state to see how they are interpreted. Most states are not enforcing them but that may change.
What is an Advance Directive?
By: Diane Keefe, Geriatric Care Manager
Advance Directives direct medical treatment when you are impaired
An Advance Directive or Living Will is a legal document in which you tell medical professionals what treatments you want or do not want given to you in the event that you are incapacitated and need treatment. This document should be filled out by anyone over 18 years of age. It takes effect if you are in a near death experience where withholding treatment could cause your death. If there is an accident, parents cannot advocate for a child over 18 years and a wife or husband cannot advocate for their spouse without it. An attorney can fill it out for you and on National Health Care Decisions Day each year, many attorneys volunteer their time to help you fill one out. Continue reading
Guardianship
By: Diane Keefe, Geriatric Care Manager
Guardianship provides for an elder who can no longer take care of themself
Guardianship is a legal term used to denote a person who is taking care of the personal concerns of an individual in the event that they become incapacitated. A guardian may be appointed by the individual while they have capacity in the form of a legal document often called a Healthcare Proxy or Healthcare Power of Attorney. Secondly, the individual may give an institution, such as a bank trust department or an attorney, the authority to handle personal and financial matters upon their incapacity. Thirdly, if no one has been appointed, the court will appoint a guardian. Each state has different rules about how guardianship is handled. Guardians are required to account for every penny spent on behalf of the individual to the courts annually. Continue reading
What is End of Life Planning?
By: Diane Keefe, Geriatric Care Manager
End of Life Planning saves taxes, court fees and directs care
End of Life Planning involves a number of documents that deal with what happens to you and your estate when you die.
- Wills and Trusts
- Power of Attorney
- Living Will or Advance Directive
- Advance Funeral Plan
- Ethical Will Continue reading
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