Keeping up with information about all the nuances involved with planning can be daunting for us as laypeople. I’m a bit of a geek on this 😉and today I want to share what I’ve learned about filial responsibility laws.
Filial responsibility laws are not new, yet they are unfamiliar to many. Did you know that 26 states in the US have laws requiring adult children to be legally responsible for their elderly parents’ basic needs and care? If this is new to you, these laws are called Filial Responsibility Laws.
Filial responsibility laws require adult children to financially support their parents when they can’t afford their care. Specifically, these laws typically cover necessities like food, clothing, shelter, and medical expenses.
These laws were created in part to reduce state expenses for Medicaid and welfare programs. As a result, they shift the financial burden from government agencies to family members.
PBS.org reports that the current budget proposal would extend expiring tax cuts, adding about $3.8 trillion over the next decade to the federal deficit, according to the Congressional Budget Office. In return, the House committee that manages Medicaid has proposed trimming nearly $700 billion in spending to the program.
Medicaid covers more than 60 percent of residents in nursing homes, about 20 percent of people in assisted living, and more than half of all residents of long-term care facilities. States are required to cover nursing home care for all adults 21 and older, and cannot limit access to care or impose waiting lists.
Many states use unique names for their Medicaid programs. While some states call it “Medicaid,” others use state-specific branding. Here are the names for Medicaid in each state if you’d like to check yours.
The current budget changes have a significant impact on families across the US. I wrote about Caregiving in 2025 in a blog earlier this year. Filial responsibility in 26 states is an additional component to consider when making your plans.
Photo by Markus Winkler on Unsplash
States That Have Filial Responsibility Laws
Working with people in one of the states impacted by these laws prompted me to check which states have these laws. World Population Review provides a state-by-state breakdown on its site.
Each state sets its own separate regulations surrounding this law. Check out the specifics on the World Population Review link above. If you are in a state that has filial responsibility laws, be sure to do further research, as each county, municipality, and town can have different procedures.
Also, it should be noted that many lists include Idaho, Iowa, Montana, and Utah. This is incorrect as each of these states has repealed its laws on filial responsibility, meaning support provided by an adult child. And, as always, it is best to check with an attorney in your state of residence.
Here are the states with Filial Responsibility laws in 2025.
Alaska, Arkansas, California, Connecticut, Delaware, Georgia, Indiana, Kentucky, Louisiana, Massachusetts, Mississippi, Nevada, New Hampshire, New Jersey, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia, and West Virginia.
Filial laws generally apply when parents have medical bills they cannot pay. This typically happens when expenses exceed Social Security or Medicaid benefits.
Examples include the fact that you might be responsible if your parents don’t receive Medicaid and aren’t eligible, but still have unpaid bills. Courts determine your responsibility based on your income and assets.
They also consider any investments your parents made in you, such as college tuition payments. Even in states with filial laws, enforcement mechanisms vary widely. As a result, this creates a confusing patchwork system for families facing eldercare decisions. While Pennsylvania has aggressively enforced these laws, many states rarely invoke them despite their existence.
Can You Refuse?
Most states provide exemptions if caring for parents would cause significant financial hardship. For example, medical expenses can reach hundreds of thousands of dollars. This makes care impossible for many families, regardless of their desire to help. “It’s best to consult an elder-law attorney and gather accurate records of your finances,” legal experts advise.
Complex or abusive family relationships often provide valid grounds for refusing care. Additionally, many states recognize legitimate exceptions. These apply if providing care would harm your mental health or put you in an unsafe environment. Past abandonment or abuse by parents typically constitutes legal grounds for exemption from the responsibility to care for parents. However, proving these circumstances can be challenging.
Photo by Brett Jordan on Unsplash
Planning Ahead
Identify your resources and responsibilities as you begin your planning, especially IF you live in a state with Filial Responsibility laws. Understanding your obligations and the options available to you organizationally and legally can help you navigate care ++!
Proactive planning is essential before care crises develop for yourself, your parents, and your loved ones. The specifics of planning look different for each of you.
Let me know if you’d like to review your planning thus far. Send me an Email or Book Time with Lynn if you have any questions. For additional information about my work, check out @ The Living Planner or @ The Living Planner.
If you’re up for planning your life’s administrative side, my book is a resource. The Living Planner What to Prepare Now While You Are Living © Check it out HERE.
Quote for the week: “Plans are of little importance, but planning is essential.” – Winston Churchill
Keep breathing those deep breaths.❣️ Lynn
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