Portland, OR asked in Estate Planning for Oregon

Q: Can I have a life insurance policy for my mom who lives in a nursing home to help pay for funeral expenses?

She lives in a nursing home has Medicare and Medicade but no other assets. I would have a difficult time covering her final expenses I want to purchase life insurance to help cover her final expenses. I have heard about filial responsibility laws and am concerned about this.

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Oregon

A: Yes, there is such a thing. However, you I’ll most likely find that the premium is about equal to the death benefit at your mom’s stage in life.

Theressa Hollis
Theressa Hollis
Answered
  • Estate Planning Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Most likely you either will not be able to find an insurance company that would insure your mother and/or the cost of the policy will be VERY expensive. Even though Oregon has a law that says, "Parents are bound to maintain their children who are poor and unable to work to maintain themselves; and children are bound to maintain their parents in like circumstances." (ORS 109.010) I have never seen an example of an adult child be held responsible for payment of their parent's funeral unless the child signed a contract. Be very careful what you sign.

If you plan to pay for your mother's funeral I recommend you save a little each month. You may also be able to use your mother's personal spending allowance through Medicaid to set aside a small amount of her monthly income or make small payments towards an irrevocable burial plan for her.

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