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Am I responsible for any of my mother's debts if I claim her as a dependent on my income taxes

Asked over 3 years ago - Westerly, RI

My mother is 86 and lives with me. I claim her as a dependent on my income tax because I pay all the household bills. I think she is running up a lot of charges on her credit card. I am NOT a co-signor on the card. Am I responsible for my Mother's debts?

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I would appreciate feedback from someone with knowledge of RI laws Thank you.

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Attorney answers (2)

Scott J Summer

Reputation Level 9

Answered about 3 years ago. Contracts / Agreements Lawyer in Providence, RI.

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Claiming your mother as a dependent on tax filings does not, in and of itself, give rise to personal liability for her credit card debts where you did not co-sign for the credit card(s).

The answer by my colleague, Attorney Shober, though, is thoughtful and considered, and raises several good points, including that necessary medical expenses may arguably become your responsibility pursuant to RI law if your Mom is indigent. I am not personally aware of any recent civil suits, much less criminal prosecutions, regarding such duty, though.

Bottom line, then, so long as the credit card debts are not for medically necessary items, I would not worry about it. Be careful you don;t do anything, though, that might give a credit card company an argument that you somehow benefitted from her purchases knowing or expecting she would not pay the bill.

Best wishes.

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Leonard L. Shober

Reputation Level 7

Answered over 3 years ago. Elder Law Attorney in Chalfont, PA.

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Rhode Island is one of several states with a "filial responsibility" law - Rhode Island Gen. Laws 15-10-1 to 15-10-7 (2000); R.I. Gen. Laws 40-5-13 to 40-5-18 (1997). I am not personally familiar with Rhode Island statutes or law but if it is like Pennsylvania law, the children may be held responsible for medical expenses of indigent parents. In PA this law was put in place to stop children from "dumping" parents in nursing homes and running off with their assets. Naturally, the law has been used to extend liability a bit further. I tell my clients that what they need to do is make SURE that there are no gaps in medical coverage. This means making sure you are getting good advice about her care and know her health insurance coverage in detail. Don't depend on rehabs and nursing homes to look out for her or your best interest. As to the credit cards, these contracts will not likely be assessed against you, although I would seek RI advice in this regard. Remember on deducting mom on your tax return, you cannot take her as an exemption unless she has practically no income of her own. This is unlikely. You can deduct her medical expenses if you pay more than half of her expenses in total. You can just add up her income and if your payments are more than half, you may deduct these on your Schedule A. Make sure to talk to local elder law attorney about the options for savings using life estates, caregiver agreements, notes etc. when mom is living with you. Good luck.

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