In the US, the answer is generally no...you have no legal obligation to pay your parents' bills. However, if you have the means to enable them to live safely in a place they could not otherwise afford, it makes sense to help with the bills.... especially if you can't offer them a place to live in your home.
Your family members are not responsible for loans you took out or bills you owe that you alone initiated and that were executed in your name only. Sometimes a creditor will attempt to 'guilt' your relatives into paying your debts. But legally, if their names are not on the loan or debt, they cannot be forced to pay.
In the US, the elderly parents are responsible for themselves and only the parents. The children are not obligated or responsible for their parents in any way. It's a children's choice if they want to get involved with caring for elderly parents. Some cannot or will not have any involvement in elder care.
There is no LEGAL obligation, only a social obligation to help your parents if they need financial support. If you are unable to help your parents, then you could at least help them by signing them up for all of the free programs for seniors that are available from the government.
More than half of all states currently have laws in place making adult children financially responsible for their parents. This includes their long-term care costs and other medical bills. However, the upside is that authorities rarely enforce these laws.
In 30 states, the child is responsible for the care of their elderly parents once they can no longer take care of themselves. However, in 11 of these states, the law that states this filial responsibility has never been enforced.
If you have existing unpaid medical bills, and go into a nursing home and receive Medicaid, the program may allow you to use some or all of your current monthly income to pay the old bills, rather than just to be paid over to the nursing home, providing you still owe these old medical bills and you meet a few other ...
The Family Code makes it clear both parents have an equal responsibility to support a child “of whatever age who is incapacitated from earning a living and without sufficient means.” The California Legislature has not limited the application of the state child support guidelines to minor children.
The 30 states that have filial responsibility laws are as follows: Alaska, Arkansas, California, Connecticut, Delaware, Georgia, Idaho, Indiana, Kentucky, Louisiana, Massachusetts, Mississippi, Montana, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South ...
Medical debt and hospital bills don't simply go away after death. In most states, they take priority in the probate process, meaning they usually are paid first, by selling off assets if need be.
You are not responsible for someone else's debt.
When someone dies with an unpaid debt, if the debt needs to be paid, it should be paid from any money or property they left behind according to state law. This is often called their estate.
In most cases, the deceased person's estate is responsible for paying any debt left behind, including medical bills. If there's not enough money in the estate, family members still generally aren't responsible for covering a loved one's medical debt after death — although there are some exceptions.
It may come as a relief to find out that, in general, you are not personally liable for your parents' debt. If they pass away with debt, it is repaid out of their estate. However, this means that debt repayment could diminish or eliminate assets and property you could have inherited from your parents.
Each state has its own variation of the filial responsibility law. For example, California Family Code section 4400 reads, “Except as otherwise provided by law, an adult child shall, to the extent of the adult child's ability, support a parent who is in need and unable to self-maintain by work.”
Other states, such as California and Texas, prohibit Estate Recovery after the surviving spouse dies. The only exception is if the surviving spouse was also a Medicaid recipient.
The Duration of Parents' Legal Obligations: The Basics
In most states, parental obligations typically end when a child reaches the age of majority, 18 years old. But, check the laws of your state, as the age of majority can be different from one state to the next.
Specifically, California Family Code section 4400 (“FC 4400”) states that, “Except as otherwise provided by law, an adult child shall, to the extent of the adult child's ability, support a parent who is in need and unable to self-maintain by work.”
Criminal penalties: In some cases, refusing to support your indigent parent may be considered a misdemeanor offense in California. If convicted, you could face up to a year in county jail and a fine of up to $2,000.
As explained above, federal law prohibits a nursing home from holding a responsible party personally liable for a resident's bill. Also, general legal principles say that a representative is not liable for the debts of the person being represented.
If you're a cosigner, then yes, you would be responsible, but that has nothing to do with being a power of attorney. So if you're serving purely as a POA for someone, their debts are your concern (because you need to decide how they're handled), but they aren't your personal responsibility to repay.
Elderly individuals who are unable to turn to family for financial support and have no money can become a ward of the state. This may be the case if the senior develops a health emergency and is no longer able to live alone.
Most filial laws require you to support your parents' basic living needs. These can include food, medical bills (mental and physical), housing, and additional care they receive, such as stays at nursing homes.
Family members can get paid to be caregivers for their elderly parents through Medicaid, VA benefits, long-term care insurance policies, and caregiver agreements. Family caregivers often face greater financial instability and stress than noncaregivers.
Increased stress/responsibilities
Being a caregiver is a challenging role, and caring for a parent can come with increased stress and responsibilities. In particular, giving up your life to care for a parent can have a dramatic impact on the relationship between parent and child.