Most people are aware that parents have a legal responsibility to provide for their children. However, it may come as a surprise that some states also have laws requiring adult children to support their impoverished parents. These laws, known as “filial duties,” are in place in more than half of the states in the United States, including Virginia. While most of these laws are civil obligations, some states have criminal penalties for those who fail to fulfill their filial duties.
What Is Filial Responsibility?
Filial responsibility pertains to the legal and ethical duty of adult children to provide financial and emotional support to their aging or incapacitated parents. These laws also outline the obligation of adult children to ensure that their parents have access to essentials such as food, shelter, and medical care when they cannot provide for themselves.
Filial Obligations in Virginia
In Virginia, a filial responsibility law requires adult children to provide support for their parents if they are in need. According to the law, adult children must be at least 18 years old, have enough income, and provide for their own family first. If they have the financial means, they must assist with their parents’ support and maintenance, including medical and long-term care bills.
If multiple people are responsible for supporting a parent, they must share the responsibility equally. The court can order support payments based on the parents’ needs and the child’s ability to pay. If someone fails to fulfill their responsibility, the court may compel them to contribute or impose a penalty of a $500 fine and a possible 12-month jail sentence.
Can You Avoid Filial Responsibility?
Living in a filial responsibility state means that you can be legally obligated to cover your parents’ medical expenses, even if you have a strained relationship with them and have not been involved in their healthcare decisions. However, there are things you can do to ensure that any potential medical bills that become your responsibility are managed appropriately to avoid legal repercussions. Consider the below action steps:
Talk With Your Parents
It is important to have an open and honest conversation with your parents concerning their financial situation and, specifically, any arrangements they have made for long-term care. If your parents are financially well-off, you are unlikely to face legal action for their bills, as healthcare providers would seek payment from your parents’ assets rather than yours. However, there exists a potential risk if your parents are in the precarious financial position of not being eligible for Medicaid due to their wealth yet not having enough resources to cover substantial medical or long-term care costs. In such a scenario, you will need to gain insight into the strategies your parents have in place for long-term care.
Discuss the Situation with Your Siblings
If your parents have not created a comprehensive long-term care plan, consider taking the initiative and discussing this matter with your siblings. Ideally, the collaborative effort should result in a well-thought-out plan that not only safeguards everyone’s financial assets but also guarantees that your parents have access to the necessary care and support required for their well-being.
Consult with an Experienced Elder Care Lawyer
Regardless of your siblings’ interest in participation, you may want to consult with an elder care lawyer. These attorneys handle matters concerning long-term care and Medicaid eligibility. A knowledgeable elder care lawyer can review your obligations under the filial laws in your state and formulate a practical approach for long-term care.
Contact Hollingsworth Law Today To Learn More
To learn more about filial obligations to elderly parents and what legal options you may have, contact Hollingsworth Law today and speak with one of our experienced elder law attorneys.