Funerals, memorial setups, and other arrangements for loved ones lost usually require a significant amount of money to help cover funeral costs. Unfortunately, many families find that proper memorialization is not always possible due to the financial nature of the situation. Some are less prepared than others, and many lose their income unexpectedly due to death in the family. In Georgia, the Child’s Responsibility for Parent’s New Debts Law can impact how memorial setups are performed. While this is obviously not a law that is intended specifically for protection and use by memorial companies, it definitely comes into play and must be understood by all involved. As one of the 30 states that have filial responsibility obligations, Georgia law provides certain regulations that could impact the choices available for those who are grieving. These laws can also influence how much financial obligation various family members are faced with when it comes to general financial obligations, as well as things like funeral costs and memorial setups. Filial responsibility laws determine if and when children are responsible for paying off debts of their parents, grandparents, and even spouses. In some situations, this includes covering costs related to end-of-life care and memorials. If the person who has passed is in a nursing home, had significant medical or home care expenses, or even received benefits through a program such as Medicare, it could be determined that family members are responsible for providing financial coverage. If an individual dies with medical or other debt, as well as needing care and assistance during his or her final days, it is ultimately considered the responsibility of the state to cover those expenses. However, if the situation is reversed, where a loved one pays for everything, then a debt collection agency can pursue financial coverage for those expenses through surviving family members.

For the most part, many people are not subject to filial responsibility, but this does not hold true in all circumstances. Because every situation is different, there could be varying degrees of obligation applied to many families. Some are left with the responsibility of covering financial expenses like funeral costs and debt repayment, while others are not. In Georgia, the average funeral costs approximately $7,000. If financial obligations are incurred, such as medical expenses, debts, or anything else, these costs could be significantly greater. Again, not all situations result in financial hardship, but it should be understood before any major decisions are made. In the end, it comes down to whatever the individual’s estate can cover. If the administration of the estate fails to manage all preexisting debts, the expectation is that surviving family members step in. This eventuality is what the Child’s Responsibility for Parent’s New Debts law was created for. It allows the state to pass various costs onto surviving family members. This same law also allows the Department of Human Services to recover money through the individual’s estate when applicable. Medicaid, for instance, can recoup funds through probate estates. This could also be pursued through living trusts and other means. There are several ways the Department of Human Services can enforce these costs, but moving forward without having a good understanding of the situation can create issues.

When cover costs, such as burial fees, the state can legally ask for reimbursement from family members and survivors. The emotional aspects of these laws are difficult enough without having to deal with financial costs as well. The state can legally collect when necessary, and may even pursue lower-income families. However, these laws can be abused and taken advantage of through probate court. For example, a nursing home could try to put bills on surviving family members. It is generally expected that surviving family members meet reasonable obligations, but sometimes that is taken too far. The most difficult aspect is emotional. Many families feel pressure to pay for the costs related to a loved one’s last days. These costly obligations can be a burden. The only way to prepare for these circumstances is to be aware of the laws in Georgia and how they can be put to use. Being aware of how these laws work, however, and understanding what is expected of you can save you many headaches later.

When memorial choices must be made, and financial obligations are attached to them, it is important to understand your position. In the case of most people in Georgia, the state intervenes to ensure costs are covered and legalities are adhered to. Surviving family members cannot simply be stuck with the costs because someone else was left to foot the bill out of obligation. And thinking that it will be done without issue can cause a lot of problems for those left behind. Memorial purchase arrangements are often expected, and all options open to the family, but in some instances it could be used against the family in a legal manner to justify costs incurred. If this happens, it can be disruptive to the estate settlement process and create issues for the estate as a whole.

Each family is different, and every estate can be analyzed individually, but this does not mean it will be an easy fight at the hands of the state. At SPB Stoneworks Ltd, we are dedicated to doing everything we can to help families create proper memorial setups for their loved ones. We offer a complete array of memorial designs, from funerary benches for cemeteries to cremation memorials. The options are abundant and allow you to create truly unique memorials for those you love. Creating memorial setups is not just about the looks. It is about affordability and knowing your legal obligations. The last thing that should be expected is any large, affordable fees. We cannot change the fact that these laws are based upon what is legally required, but we can help to ensure that this is a solution that you, your family, and the state will be on board with, and that it meets the needs of the deceased. We will help you to determine which memorial setups are viable, and we can work with you to stay within any financial limitations that may apply.

For more information on how these laws affect families, you can read about Georgia’s filial responsibility obligations.