Adult children who have aging parents may benefit from knowing something about the laws that govern the elderly. Elder law in Colorado can be complex, especially when it speaks to long-term care plans and how involved adult children should or need to be when it comes to their parents. Should adult children be concerned about their parents’ planning for their care as parents move into the golden years?
Colorado residents should know that the state is one of 20 that does not have a filial responsibility statute. In other words, there is no imposed duty on an adult child to support his or her parents. But that doesn’t mean a child might not feel conflicted regarding making the right decisions for his or her parents.
It also doesn’t stop some nursing homes from getting in touch with residents’ children to try to recoup money for bills that have not been paid. There are Medicaid waivers in most states — including Colorado — which help relatives who are taking care of their loved ones at home. Colorado has the Elderly, Blind, and Disabled Program (EBD) through the Colorado Consumer Directed Attendant Support Services (CDASS).
A Colorado attorney experienced in elder law may be able to help adult children who are caring for their elderly parents to sort through the Medicaid waivers process. The lawyer can also explain to what degree or if and when they may be personally responsible for their parents legally. The attorney can also help a client to ascertain whether a loved one is eligible for Medicaid and provide ongoing assistance as needed.