States with Filial Responsibility Laws Ought to Scare You
A Hidden Financial Risk: North Carolina’s Filial Responsibility Law
Most adult children assume they are not financially responsible for their parents’ long-term care bills. However, an old and rarely enforced law on the books in North Carolina could present a shocking financial risk for families. It’s called a “filial responsibility” law, and it’s a critical reason why proactive planning for a parent’s care is so essential.
What is Filial Responsibility?
Filial responsibility laws are state statutes that can hold adult children legally responsible for the financial support of their indigent parents, including unpaid long-term care bills. While these laws have been dormant for decades, a landmark case in Pennsylvania a few years ago brought them back into the spotlight. In that case, an adult son was successfully sued by his mother’s nursing home for her $93,000 unpaid bill after her Medicaid application was delayed.
North Carolina is one of approximately 29 states that still has a filial responsibility law. While it is very rarely used, the law’s existence means that under the right circumstances, a nursing home or other care provider could potentially pursue a legal claim against a resident’s children for unpaid costs.
Why This Matters in Today’s World
As the cost of long-term care continues to skyrocket, care facilities are facing immense financial pressure. This could lead them to become more aggressive in seeking payment from any available source. The existence of a filial responsibility law, however rarely used, provides them with a potential legal avenue to do so. What we used to worry about was a parent’s home being at risk; now, it could be yours.
The Ultimate Protection: Proactive Planning
The best defense against a filial responsibility claim is to ensure your parent never has a large, unpaid long-term care bill in the first place. This is where proactive planning becomes essential. By working with an experienced elder law attorney, you can create a comprehensive plan to pay for your parent’s care while protecting their assets (and yours).
This strategy involves exploring all available resources, such as creating a plan to qualify for Medicaid to pay for nursing home care or securing the VA Pension benefit. A well-structured plan for your parents’ long-term care is the best way to prevent a crisis and shield the entire family from this hidden financial risk. Call our office at (919) 256-7000 to schedule a consultation.