It’s common for seniors and their adult children to worry about senior living costs. Nursing care and assisted living costs are high, and seniors don’t always have the necessary income. This reality leads many to ask about filial responsibility in Florida. What is filial law? Filial laws place a statutory financial obligation on the adult children of seniors needing care. This post will explore how filial law affects senior care in Florida.
What is Filial Law? The Impact on Florida Senior Care
Generally, filial laws require adult children to support senior parents who lack the resources to support themselves. These laws exist in several states to ensure parents receive the necessary care. However, Florida does not have filial support laws, meaning adult children are not required to cover their parents’ care costs. This absence places the financial responsibility on seniors and government programs. It also affects how senior care communities operate.
The Impact on Seniors
The lack of filial support laws might affect some seniors and their access to quality care. This problem will be most noticeable among low-income seniors but could affect others. Without laws mandating financial support from adult children, some senior care businesses might be stricter about resident financial requirements. They might also look for more ways to deny placement. That leaves many seniors relying on government programs like Medicaid.
Signing as a Responsible Party
Senior care communities adapt to Florida’s lack of filial support laws in several ways. One strategy is to have a stricter admissions process. The other is to seek guarantees from the resident’s adult children. Federal law prohibits nursing homes from requiring a third-party guarantee as part of admissions. However, they might still ask, or an adult child might sign admissions paperwork without realizing it comes with financial commitments. It is also important to note that there is no prohibition on assisted living facilities requiring these guarantees.
The Role of Medicaid
Medicaid can play an important role in covering care costs without filial support laws. If eligible, low-income seniors can use Medicaid to cover long-term care costs. However, Medicaid eligibility is complex, which is why many seniors and their families seek assistance with Medicaid planning.
Planning is Key
Seniors and their families must prepare for long-term care costs. Early planning can help families manage costs while ensuring the needs of seniors. Planning may include establishing wills, trusts, and advance directives to outline care preferences and financial arrangements. Some seniors might also purchase long-term care insurance to help with costs.
Do you need help with long-term care planning in Florida? Click here to contact the Scott Law Offices. Our elder law experts are ready to help you ensure the care you need. Reach out now to learn more about our services.
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