Filial Piety ~ what is it and what are the implications?
A friend recently mentioned this term to me and was concerned
what it meant for elderly parents and their offspring — especially when there
was a possibility of medical bills and long term care. So I did a bit of
research and figured this is as good a topic as any, while this is not specific
to strokes it covers a wide range of conditions.
According to the online Merriam-Webster dictionary, Filial
Piety (known as pinyin: xiào in
Chinese) is: “reverence for parents
considered in Chinese ethics the prime virtue and the basis of all right human
relations”’ ideally this is not only respecting the parents but also
accepting responsibility for them as they age.
My friend’s concern was that she could inadvertently put a
serious debt onto her children’s shoulders simply because she had given birth
to them. So I did a little research…
I went to Nolo.com for information. Here is some of what was said, you can click the link if you
want to read it in entirety: “More than half of the states have “filial
responsibility” laws that make adult children responsible for their parents’
medical care, if their parents can’t pay.
These rules do not apply when a patient qualifies for Medicare – in that
case, the Medicare system pays.
However, if a patient can’t pay for care received before qualifying for
Medicare, filial responsibility laws could require the patient’s child or
children to pay … In most states, for a child to be held accountable for a
parent’s bill, all of these things would have to be true: The parent received
care in a state that has a filial responsibility law; The parent did not
qualify for Medicaid when receiving care; The parent does not have the money to
pay the bill; The child has the money to pay the bill; The caregiver chooses to
sue the child.” (* the Filial Piety law is based on the PARENT'S state of residence; there are presently 28 U.S. states that have Filial Responsibility rules.)
There is more information about this responsibility on another
site, AgingCare.com.“Keep in mind that Medicaid does not
require the recipient’s children to contribute funds toward the parent’s care.
Instead, the state will try to recover benefit costs though the recipient’s
estate once they pass away (e.g. a home, car, etc.). So, the possible
application of the filial responsibility law is only where the parent for some
reason does not qualify for Medicaid, yet is admitted and does not pay their
nursing home bill.”
There are Medicaid Recovery Programs (required by Federal
Law) which are governed by individual states; " For individuals age 55 or older, states are required to seek recovery ofpayments from the individual's estate for nursing facility services, home andcommunity-based services, and related hospital and prescription drug services.States have the option to recover payments for all other Medicaid servicesprovided to these individuals, except Medicare cost-sharing paid on behalf ofMedicare Savings Program beneficiaries." A Medicaid lien can be placed against a deceased person's property to ensure
that the estate pays a debt.
One thing to be aware of though, joint assets MAY be targeted
if the state tries to recoup funds AFTER the Medicaid recipient passes away. Things
like joint bank accounts and property may get tapped, there are some
exclusions. “Joint ownership of a home
and a financial account under both names fall under these circumstances, which
is why it is very important for families to consult with attorneys when
applying for Medicaid, placing assets under certain names and setting up trusts.”
As stated earlier in this blog, this is NOT legal or medical
advice, my postings are the result of research (sources cited) — if you have any questions or concerns about
your fiscal responsibility or how to protect your children after your death,
speak to an Elder Law or Estate Attorney who is familiar with your state's laws.
