Children’s Responsibility For Parents’ Debts In Georgia As A Filial Responsibility State

Georgia filial responsibility for children after parent's death estate planning atlanta

As a Georgia Elder Law Attorney, I am often asked about the responsibility adult children have regarding their parents’ debts and expenses if they cannot pay their bills.

This comes up so frequently because Georgia is a filial responsibility state. This is a name given to laws that make third parties (usually adult children) responsible for support for indigent family members. Note that it doesn’t specify parents only.

Sure, Filial Responsibility Laws are on the books in Georgia. Yet, they have no teeth and are rarely, if ever enforced.

These laws trace back to English “poor laws” from the 16th century. Many states, including Georgia, still have versions of these laws today.

In general, adult children are not responsible for their parents’ debts or expenses. This is true unless they sign an agreement as a guarantor. Signing financial documents can create legal responsibility, so it’s important to be cautious.

In Georgia, the statute appears in O.C.G.A. § 36-12-3. It allows a county to seek reimbursement from certain family members for supporting a “pauper.” In practice, counties rarely provide this type of support today. As a result, these claims are uncommon.

The best way to avoid financial risk is to encourage your parents to create a solid estate plan. Work with a reputable attorney to ensure everything is done correctly. Avoid DIY plans, which can create costly problems later.

If you have further questions about establishing an estate plan, give our office a call at 404-370-0696.

Read more about an adult child’s responsibilities for parents debts here:
What Liability Adult Children Can Have For Their Parent’s Debt

Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!

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