While caring for aging parents is often viewed as a moral duty, in some states, legal obligations also come into play. Massachusetts is one of the jurisdictions that has filial responsibility laws on the books, which can require adult children to support their parents financially under certain circumstances. Here’s what you need to know about your potential legal responsibilities to your parents in the Bay State.
The Massachusetts Filial Responsibility Law
Massachusetts General Laws Chapter 273, Section 20 states, “Any person, over eighteen, who, being possessed of sufficient means, unreasonably neglects or refuses to provide for the support and maintenance of his parent, whether father or mother, residing in the commonwealth, when such parent through misfortune and without fault of his own is destitute of means of sustenance and unable by reason of old age, infirmity or illness to support and maintain himself, shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than one year, or both.”
When the Law Applies
For this filial responsibility statute to be enforceable, certain criteria must be met:
1) The parent(s) must be incapable of self-support due to age, infirmity, or poverty.
2) The adult child(ren) must have sufficient financial resources to provide support without becoming impoverished themselves.
3) The parent(s) must have made reasonable efforts to support themselves, such as pursuing government assistance programs.If these conditions are satisfied, the court could order the adult child to pay a portion of the parent’s care costs, including expenses like nursing home fees, medical bills, and basic living costs.
Planning Ahead
While filial responsibility laws aren’t frequently invoked, they serve as a reminder of the potential financial implications of caring for aging parents. Proactive planning through tools like long-term care insurance, Medicaid planning, and open family discussions about care preferences can help mitigate future burdens and protect all parties involved.
If you find yourself in a situation where a parent requires financial support, consulting with an elder law attorney is advisable. They can help you understand your obligations under Massachusetts law, explore options for funding care costs, and ensure your rights and interests are protected throughout the process.
