Wednesday, May 10, 2017

Eldercare, The Puritans, and Me

If, like me, you have a cheerfully spendthrift, hale-and-hearty parent residing in an assisted living facility, heads up!
Should your profligate parent happen to live in one of thirty U.S. states retaining "filial responsibility" laws, you might find yourself in the stocks--with the law throwing tomatoes in your face. Here's the Massachusetts statute, which dates back to 1600, that is, before the Mayflower:

Section 20: Neglect or refusal to support parent

Section 20. 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. No such neglect or refusal shall be deemed unreasonable as to a child who shall not during his minority have been reasonably supported by such parent, if such parent was charged with the duty so to do, nor as to a child who, being one of two or more children, has made proper and reasonable contribution toward the support of such parent. 

Punitive, right? Two hundred bucks PLUS prison for a year PLUS the criminal record. Oh, but surely this isn't enforceable? It was in Pennsylvania, where a nursing home successfully sued a man for his Mom's $93,000 bill. Yes, the nursing home or assisted living facility can send you a bill the minute Mom can't pay. Maybe you can't pay, and maybe they can put a lien on your apartment or garnish your paycheck. States need money--more and more, these days, and are looking for ways to get it. As long as Trump remains in office, and probably for long after, things may worsen. 

What to do? Well, I'm trying to acquire a form of power of attorney that allows me to find out exactly what's in her bank account and, if necessary--and it probably will be--remove her checkbook, so that she no longer sends a thousand bucks a month to her girlfriend. On top of the six thou she's already shelling out for her own rent and care. 

And then I get to hope there's a crumb or two left over for my kids in her will. Which she will probably change the nanosecond she finds out she can't write checks to everyone who smiles at her. Am I saved, and we get to pay the kid's dorm room rent? Or damned, and the girlfriend takes all? I hope the Almighty, oooohhhh, Grace Abounding, nudges Mom to leave us some dough.

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