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advice on irresponsible, spendthrift parents

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  • advice on irresponsible, spendthrift parents

    My dad is 73 and diabetic, and my mom is 70 with stage-4 Parkinson disease. They were once rich, but several bad business and personal decisions have severely depleted their wealth. Now, they are living off of what they have left from their savings, and have no retirement income other than minimal social security benefits that is barely covering for the Medicare supplements. With the combination of their high egos and prides, accustomed to carefree spending, and love to do more “business”, they will completely deplete their financial resources within two years.

    They have already sold their house to tap in the funds, so reverse mortgage is no longer an option. Both enjoy living in their old ways and are not willing to face the reality. Until their funds are fully depleted, they want to continue to maintain their expensive lifestyle.
    I have tried to talk to them about financial planning, transparent with their financial status and understand future healthcare needs… nothing worked. All I got was major hostility from them. They have also refused to take advice from any friends and family.

    I realize I cannot help them if they refuse to help themselves. And they are ultimately responsible for their own actions. But precedent suggests they will simply blame others for their “bad lucks”, and it is not their fault for wasting all their savings. So once they hit bottom in the next two-three years, they will have no problem showing up on my door steps asking me to take them in. They will be only 75 and 72… and with no savings, no income, and not mentioning by then they will require nursing care assistance, they will be imposing enormous amount of annual expenses on me. And to rub it in, it proofs to them that their irresponsible behaviors have no consequences. Meanwhile, I have been working hard and saving diligently so I can retire safely someday. I resent my parents selfishly imposing their retirement on me, setting my own retirement back 15+ years.

    My parents have never been there for me. I grew up with a nanny and was a latchkey kid. My parents lived in another country so they can do their business, and I saw two to three times a year for one week each. They were never there – not on my birthdays, not on holidays, and not on my graduations. I never experienced warmth and love of a family like most people has, and they are like strangers to me. So it is frustrating to me that they continuously ask me to rescue them again and again.

    The questions are: Do I have filial and/or fiduciary responsibility to deal with their recklessness with their finance? Do I have to open my door when they knock? Am I obligated to take them in? I am in California, does that mean I need to move to another state or I am definitely screwed by my parents? If no, with no money and no income, what are their options? What are my options?

    I need help...

  • #2
    I don't think that you are legally obligated to bail them out in any way. You can choose to or not to help them.

    If they were never there for you growing up as you say, then remind them of that fact when they come asking for your help.
    Brian

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    • #3
      Filial law

      I am just worried about the filial law... if somehow someone can go after me for their bills...

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      • #4
        Originally posted by Harriet1 View Post
        I am just worried about the filial law... if somehow someone can go after me for their bills...
        Is your name on any of their accounts, titles, loans, deeds, etc.?
        Brian

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        • #5
          You are not required to participate in their financial misbehavior. You don't have to support them if you choose not to. And you aren't responsible for their debts unless you are named on the accounts. There is no reason why their bad money management needs to affect your financial well being.
          Steve

          * Despite the high cost of living, it remains very popular.
          * Why should I pay for my daughter's education when she already knows everything?
          * There are no shortcuts to anywhere worth going.

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          • #6
            Actually, there is legal precedent for forcing a child to pay for their parents care:
            30 states have filial responsibility laws that can throw the burden of support for an indigent family member onto their kids. See what happened to a son when his mother's nursing home sued him for the bill she incurred.


            Although it's still extremely rare (the case in the article is the only one I've heard about) logically it seems that there will be more such cases as the numbers of indigent elders swell.

            I have similar worries about my mother; there is no easy solution. It's a very tough situation.

            If you're really worried, you may want to consult with an attorney. As harsh as it seems, you may want to put something in writing for you parents NOW spelling out what assistance you are willing to offer, and what you aren't. An example of some assistance you could consider offering include paying for a consultation with an Accredited Financial Counselor. They may be willing hear from a "professional" what they don't want to hear from their child.

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            • #7
              I am not on their debt...yet. They are trying to use my name for their "business venture". I get an earful of nasty emails and calls when I told them to never to use my name.

              I do have a Trust account with portion of their money. The money in the trust is to pay for their rent and medical bills. Now, my mom is harassing me on daily basis ask me to release those funds to her. I know it is her money, and is spending on their living expenses. But she wants is so they can spend it on gambling or business. When I refused, they accuse me of stealing their money.

              At this point, I am about to throw my towel. I am feeling beaten by these ungrateful people. I don't need this stress from harassment and hostility. But my only concern is the filial law... how they can go after adult children for their medical bills... I am reaching out to an attorney to find out my options...

              I am hoping if any one have any experience or in the same shoes as I am, please advise. Thanks!

              Comment


              • #8
                Originally posted by Harriet1 View Post
                I am not on their debt...yet. They are trying to use my name for their "business venture". I get an earful of nasty emails and calls when I told them to never to use my name.

                I do have a Trust account with portion of their money. The money in the trust is to pay for their rent and medical bills. Now, my mom is harassing me on daily basis ask me to release those funds to her. I know it is her money, and is spending on their living expenses. But she wants is so they can spend it on gambling or business. When I refused, they accuse me of stealing their money.

                At this point, I am about to throw my towel. I am feeling beaten by these ungrateful people. I don't need this stress from harassment and hostility. But my only concern is the filial law... how they can go after adult children for their medical bills... I am reaching out to an attorney to find out my options...

                I am hoping if any one have any experience or in the same shoes as I am, please advise. Thanks!
                Release the trust fund and walk away. Tell them that this is it and when it runs out they are on their own. No more help. No more money. no more anything.
                Brian

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                • #9
                  Thanks! I will do so!

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                  • #10
                    Good luck, Harriet.

                    In the trust document, there should be a provision for the trustee to walk away and a successor trustee to take over.

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                    • #11
                      You can consider filing a conservatorship. They won't be happy of course.

                      Regarding the trust, instead of you giving cash to them, you can make payments directly from the trust to pay their bills. For example, rent, or other expenses.

                      Regarding filial support in California, see California Family Code 4400 and California Welfare and Institutions Code 12350.
                      Last edited by tulog; 07-08-2013, 02:36 PM.

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                      • #12
                        Remember this: It is not flesh or blood which makes families rather it is love. The man that is asking you now for help was not there for you when you needed help, so unless he has turned around and sees how much pain he caused you, I do not believe mercy is justifiable. The same goes for that woman.

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