Filial Responsibility Laws - List of States Having Them ~ Everyday Simplicity

Do you have a moral obligation to pay for your parent's long-term care? Is it your duty as an adult child to financially support your elderly parent when your parent runs out of his or her own money?

Most people want to be there for their parents, emotionally and financially. However, the children of an elderly parent are typically saving for their own retirement, putting their own children through college, and paying off their own mortgage. They may want to help their parent financially, but have other priorities for their money.

If your neighbor is in a nursing home and runs out of his own money, should you pay for his care? Or should that obligation fall to his children if they can afford to pay?

Thirty states now have laws that look to adult children to assist in the financial support of a parent. Massachusetts is one of 12 states that actually have made it a crime, punishable by fine or imprisonment, for an adult child to refuse to support a needy parent. Tennessee has such a law, but it lies dormant at this time.

 

 

States With Filial Responsibility Laws
States with filial responsibility laws are: Alaska, Arkansas,
California, Connecticut, Delaware, Georgia, Idaho, Indiana, Iowa,
Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Montana,
Nevada, New Hampshire, New Jersey, North Carolina, North Dakota,
Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota,
Tennessee, Utah, Vermont, Virginia, and West Virginia.
To look up the actual language of the statutes, here are the
citations:
1. Alaska Stat. 25.20.030, 47.25.230 (Michie 2000)
2. Arkansas Code Ann. 20-47-106 (Michie 1991)
3. California Fam. Code 4400, 4401, 4403, 4410-4414 (West 1994),
California Penal Code 270c (West 1999), California Welf. & Inst.
Code 12350 (West Supp. 2001)
4. Connecticut Gen. Stat. Ann. 46b-215, 53-304 (West Supp. 2001)
5. Delaware Code Ann. tit. 13, 503 (1999)
6. Georgia Code Ann. 36-12-3 (2000)
7. Idaho Code 32-1002 (Michie 1996)
8. Indiana Code Ann. 31-16-17-1 to 31-16-17-7 (West 1997); Indiana
Code Ann. 35-46-1-7 (West 1998)
9. Iowa Code Ann. 252.1, 252.2, 252.5, 252.6, 252.13 (West 2000)
10. Kentucky Rev. Stat. Ann. 530.050 (Banks-Baldwin 1999)
11. Louisiana Rev. Stat. Ann. 4731 (West 1998)
12. Maryland Code Ann., Fam. Law 13-101, 13-102, 13-103, 13-109
(1999)
13. Massachusetts Gen. Laws Ann. ch. 273, 20 (West 1990)
14. Mississippi Code Ann. 43-31-25 (2000)
15. Montana Code Ann. 40-6-214, 40-6-301 (2000)
16. Nevada Rev. Stat. Ann. 428.070 (Michie 2000);
Nev. Rev. Stat. Ann. 439B.310 (Michie 2000)
17. New Hampshire Rev. Stat. Ann. 167:2 (1994)
18. New Jersey Stat. Ann. 44:4-100 to 44:4-102, 44:1-139 to 44:1-
141 (West 1993)
19. North Carolina Gen. Stat. 14-326.1 (1999)
20. North Dakota Cent. Code 14-09-10 (1997)
21. Ohio Rev. Code Ann. 2919.21 (Anderson 1999)
22. Oregon Rev. Stat. 109.010 (1990)
23. 62 Pennsylvania Cons. Stat. 1973 (1996)
24. Rhode Island Gen. Laws 15-10-1 to 15-10-7 (2000); R.I. Gen.
Laws 40-5-13 to 40-5-18 (1997)
25. South Dakota Codified Laws 25-7-28 (Michie 1999)
26. Tennessee Code Ann. 71-5-115 (1995), Tenn. Code Ann. 71-5-
103 (Supp. 2000)
27. Utah Code Ann. 17-14-2 (1999)
28. Vermont Stat. Ann. tit. 15, 202-03 (1989)
29. Virginia Code Ann. 20-88 (Michie 2000)
30. West Virginia Code 9-5-9 (1998).
State laws vary. owever, law student Shannon Edelstone, in her
award-winning essay (cited below), studied all of the state laws and
found that most agree that children have a duty to provide
necessities for parents who cannot do so for themselves. The states'
legislation also gives guidelines to the courts, telling judges to use a
number of factors when weighing the adult child's ability to pay
against the indigent parent's needs. Judges, accordingly, have
considered such variables as the adult child's financing of their
child's college education, as well as his/her personal needs for
savings and retirement.
Sources: Filial Responsibility: Can the Legal Duty to Support Our
Parents Be Effectively Enforced? by Shannon Frank Edelstone,
appearing in the Fall 2002 issue of the American Bar Association's
Family Law Quarterly, 36 Fam. L.Q. 501 (2002). Lexic.com

Here is the apparent proper resource source:

Click on the following for more details:   Filial Responsibility Laws - List of States Having Them ~ Everyday Simplicity

Chicago Tribune’s Nursing Home Safety Report—Maple Crest, Belvidere

Below are photocopies of Chicago Tribune’s report on Maple Crest.  I suggest you contact the original website to clarify  the statements and terminology.  For the most part the Tribune is using required reporting from Illinois Public Health.  You may wish to update the report by clicking on the following and completing the necessary information at: http://www.chicagotribune.com/news/watchdog/nursinghomes/

Click on the photocopy to enlarge.

 

Nursing homes safety reports- chicagotribune.com

Click on the  following and complete necessary information to obtain the report on your selected nursing home:  Nursing homes - chicagotribune.com

Or click on the nursing home label below and obtain the report for one of our local nursing home.

Boone County gave a $580,000 gift to the “The Glen of Belvidere”, Assisted Living Facility

Since December 2008 I have been asking questions to city and county officials concerning the proposed assisted living facility.  The county has granted a sizeable gift to the developers of this project, the Kensington Group which operate North Woods and Maple Crests Nursing Homes in Belvidere.  The actual transaction for much of this gift was finalized in 2006.  I am very surprise that it has been so difficult to obtain the nature and value of the transaction. 

Value of land, (see the recent email from Mr. Terrinoni):  $470,340

Donations from Maple Crest Charitable Trusts for landscaping:                                                                                         $110,000

Plus there are a few more costs to the county. There also was $7,500 paid in 2007 to a grant writer for an unsuccessful state grant application and the in house costs of the 2008 application.

Previous I have questioned whether a tax  assessment agreement similar to that proposed in the Peaker Plant be attached to the lease.  It is not possible to require Kensington Group (nor the peaker plant) to arbitrate any future tax assessment on the assisted living facility, (see email below.)

 

In response to Mr.. Mattison's letter to me dated March 23, 2009, below are answers to your questions as I understand them:

1.  Regarding questions on tax assessment:

     A.    Per recent legal advice given to the County Board in reference to the "peaker plant" tax assessment, we cannot as county officials involve ourselves in the process of determining taxable value for properties.  In similar fashion we cannot pre-negotiate the property taxes for the new supportive living facility.  I did provide my best guess of those tax revenues and a spreadsheet is attached.

2.  Regarding questions on the lease:

      A.    The final lease is not yet negotiated with the company or HUD and what value is placed  What we have in place now is a Memorandum of Understanding that sets out the obligations of the parties. I sent that to you some time ago.  Adding the land to the proposal gave the County the edge in receiving the state tax credit award of 9%.  In addition to that cash has been pledged for landscaping and other improvements that were necessary to receive the tax credits.  Thus, the land would be considered a financial concession to make the project qualify for tax credits.

3.   Regarding additional costs to the taxpayers:

      A.  I can only think of gain to the taxpayer through additional property taxes and up to 40 jobs being created. The company has promised to cover all costs related to extending sewer and water to the site.

4.   What is the value of the land?

      A. The appraisal at the time placed the value of the land at $470,340.

Mr. Terrinoni

Making Public what is public information—The story of a sewer grant and donations of Boone County land and money to a for- profit assisted living facility.

Since the beginning of January, I have been trying to understand what the county/city and other governmental  entities are doing in regards to the proposed assisted living facility for Boone County.  I ask the simple question who is doing what and what is each government unit contributing to the assisted living project and whether the assisted living facility is a profit or non-profit entity.

I asked my county board member, the chairman and former chairwomen of the county board, the health committee of the county board, nameless aldermen, the assistant county administrator, and county administrator.  Finally at the April 2 meeting the facts became aware.  Of course it was my fault all along, after all no one else is asking any questions [which officials do not know the answer].  “Ask the grant writer,  the subcommittee on Health…the Administrator”, I was told.

Now for the story—Back in 2006 the Boone County Board authorized the “gift” (my words) of 8 acres and approximately $110,000 in Maplecrest Trust Funds to the proposed assisted living project of the Kensington Group.  Kensington Group is a for profit corporation. It operates both the Maplecrest and Northwood Nursing Homes and pays real estate taxes at both properties. (many officials were unaware of the tax status of the corporation and the Maplecrest  real estate) As posted previously, Kensington is in a  legal action regarding tax assessments at Northwood since 2003.  If there is a grant for a sewer extension, if there are sufficient grants from the state, a sale of tax credits and possibly stimulus money, the project will begin.  It appears that things may fall in place and construction will begin the end of summer.

I stated “gift” of land.  Technically, that is  99 year land lease yet to be negotiated.   However the important part is known the lease payment will be $1.00 per year.

The Saga of the Mystery Grant: Discovery of A letter of Understanding

You may wish to review the following earlier stories, to fully appreciate all the facts:

http://boonecountywatchdog.blogspot.com/2009/01/mystery-grant.html

http://boonecountywatchdog.blogspot.com/2009/01/light-into-sewer.html

http://boonecountywatchdog.blogspot.com/2009/01/mystery-grant-is-actually-phoenix.html

http://boonecountywatchdog.blogspot.com/2009/01/register-stars-take-on-phoenix-project.html

http://boonecountywatchdog.blogspot.com/2009/01/update-on-sewer-grant.html

Even though many board members and the grant writer were not aware of it,  a memorandum of understanding does exist  between Boone County and the Kensington  Group.  I have copies of it below:  Click to enlarge.

 

From what I can gather, if the sewer extension grant is approved the assisted living project will begin before the end of Summer 2009.  That means that a lease agreement for the land must be signed before the digging begins.  While such real estate negotiations can be done in closed session, I believe that the public should know what is the board’s intention.  Will this lease be at fair market value or will it be considered another  financial incentive for the owners of the assisted living facility?  The county board has already pledged $110,000 which is held in two charitable trusts as a donation towards this project.(See photocopy below, click to enlarge)  Are there additional costs to the taxpayers?  What is the worth of the eight acres? At $50,000 an acre that is $400,000?  It is next  to the land fill, does that make it worthless?  With water and sewer, should not the land value be quite high?

Kensington Group also owns and operates Northwoods Nursing Home.  The real estate tax assessment at that institution has been in a appeal status since 2003 and still has not been finally adjudicated.  Is it not reasonable to negotiate a mutually agreed assessment for this facility prior to signing a lease for the land?  Such action is being done in regards to the Peaker Energy Zoning Request, why not here with the lease to the assisted living facility?

Update on the Sewer Grant

I just found out that Maple Crest Nursing Home is on the tax rolls.  It is assessed at $747,162.  One acre of land and the buildings are taxed, the other 24 acres is considered exempt since it is used by the county.  The tax ID number is 05-14-100-015. The following indicates the taxes paid since 2002:

2008	$45,168.18
2007	$46947.92
2006	$31,506.14
2005	$30,883.72
2004	$29,861.96
2003	$30,959.68
2002	$46,973.58

I am somewhat unclear if the county will continue to use any of the land if the assisted living facility is approved.  That facility will use only 8 acres according to Kevin Haas article in the Register Star which I posted on January 14.

Register Star’s take on the Phoenix Project (Assisted Living Apartments at Maple Crest)

Assisted-living center would be a Belvidere first

---

By Kevin Haas

RRSTAR.COM

Posted Jan 14, 2009 @ 12:21 AM

---

BELVIDERE —

A developer’s plan for what would be Boone County’s first assisted-living facility may hinge on the city’s receipt of a hefty state grant.
Belvidere will ask the state Department of Commerce and Economic Opportunity for $600,000 to construct new water and sewer lines for the proposed center.
Water and sewer lines would be stretched from Belvidere North High School to the proposed site for the senior living facility — 7 acres owned by the county near the intersection of Squaw Prairie Road and U.S. Route 76.
The land would be leased to the owners and operators of the facility, a partnership of private groups led by The Kensington Group, which operates the next-door nursing home, Maple Crest Care Center, said County Administrator Ken Terrinoni said.
The 120 units of Glen at Belvidere would be the county’s first supportive-living center, providing affordable housing to the elderly.
“This is definitely an underserved area,” said Steve Horve, owner of Horve Builders of Forsyth, the developer and a partner in the project. “There are nursing homes, but there is not a single, affordable assisted-living center in Boone County.”
The Belvidere City Council meets Monday to consider approval of the state grant application.
The Glen at Belvidere is anticipated to create about 45 jobs. It will be managed by Blair Minton and Associates, which manages more than 25 assisted-living facilities in Illinois, Horve said.
The project is estimated to cost $21.7 million. The facility will accommodate elderly residents receiving public aid as well as private-pay residents.
“There are very few assisted livings that accept Medicaid patients,” said John Slattengren, executive director of the Boone County Council on Aging. “We think that it would make a great asset because there are people in this community who are in between. They don’t need a nursing home, but can’t live in house or apartment and afford the private care.”
Developers hope construction starts this spring and concludes in Summer 2010.
Staff writer Kevin Haas can be reached at 815-544-3452 or khaas@rrstar.com.

Mystery Grant is actually a Phoenix

I attended Monday’s (1-12-2009) public hearing regarding the grant application for sewer connection to the county’s Maple Crest nursing home and proposed assisted living center.  It was very interesting because I discovered a few facts that I wish the administration/politicians would  have revealed before.

First this is really not a new grant application, but rather a resubmission because the application in 2007 was rejected for “incompleteness”.  When I get a chance I hope to go to the courthouse and review the old application and the rejection notice, then I can speak with more confidence regarding this matter of why the reapplication.

The actual developer for the assisted living project is Horve Builders from the Decatur, Illinois area.  I talked to Steve Horve, the owner, and he answered many of the questions which until now were unanswered. (1) The assisted living facility would be on the real estate rolls.  The facilities would be owned by a for-profit corporation, possibly an affiliate of his own company.  (2)The company wants a 99 year lease for the property because in doing so the land cost can be amortized. (if they purchased actual land they would probably sell the land to a third party to achieve this financial advantage) (3)  Usually the units rent for approximately $2,700 per month (including nursing assistance), with financial assistance from the government that cost could be as low as $570 per month.  One of the real positives of the facility is that if an individual’s resources run out there would be smooth transition to government assistance without the need to change facilities.

Below is a handout which Ms. Tobin gave the aldermen which provides a synopsis of the grant.  Click on it to make it more readable.

A Drawing of the Grant Sewer

This actually gives you an idea of what is happening.

From the website of :  http://www.boonecountyil.org , note you need to click on “General News”,  and then “The Glen”.

Light into the sewer--

The county/city was able to supply this overview as to what the hearing on the grant application is all about.

 

Now that wasn’t so hard was it.  Remember the hearing is Monday at 6:00 PM at Belvidere City Hall, if you still are interested.

Mystery Grant

I just found out a few things about the sewer/water grant that the City of Belvidere (I think) is applying for.  It is for $600,000.  It will connect from the facilities at Belvidere North High School and run along the road to the nursing home.  It is a 4 inch water pipe, 12 inch sewer with an 8 inch service to the property at Squaw Prairie and Route 78.  The line is intended for a $20,000,000 apartment/extended care facility to be built and operated by the current management of Maplecrest Nursing Home on land owned by Boone County.  The county would lease the land to Maplecrest management.   The total cost of the city’s water/sewer project is in the neighborhood of $1,000,000 which would not include a required lift station which would be built and operated by Maplecrest management.  This is all “third hand” so I may have taken it down wrong.

Ms. Becky Tobin, Assistant Administrator of Boone County, is writing the grant (for the city I guess).  I understand that by Friday evening Ms. Tobin will have a skeleton of the grant application on the county’s website:  http://www.boonecountyil.org   Thus  written details of the grant application should be available for public review before the official public hearing on Monday, January 12, 2008.  That meeting is at 6:00 PM at Belvidere City Hall.

I hope to attend.  I would be happy to relay any questions;  use the email site above or my personal email.

Does anyone know if the county has completed the formal agreement (lease) for this planned apartment/care facility?