Am I legally obligated to support my in-laws with nursing care costs?
January 10, 2024 | 40,00 EUR | answered by Anna Fuchs
Dear lawyer,
I am reaching out to you with a question about my legal obligations towards my in-laws regarding the support of their care costs.
Both of my in-laws are already at an advanced age and have health issues that make it difficult for them to take care of themselves. My father-in-law suffers from dementia and my mother-in-law has physical limitations that make it difficult for her to manage the household. Currently, they still live in their own home, but they will increasingly need outside help.
Since my partner and I are financially stable, we are wondering if we are legally obligated to support the care costs for my in-laws. We want to ensure that they receive the best possible care, but we are unsure about our legal obligations in this matter.
Could you please inform us if there is a legal obligation to financially support my in-laws and what options are available to cover their care costs if necessary? We would like to plan ahead and ensure that we take the right steps to provide the necessary support to our in-laws.
Thank you in advance for your help and advice.
Sincerely,
Wilhelm Zornitz
Dear Mr. Zornitz,
Thank you for your inquiry regarding your legal obligations towards your in-laws in terms of supporting their care costs. The question of whether you are legally obligated to cover the care costs for your in-laws is an important and frequently asked question in legal counseling.
In Germany, there is a legal maintenance obligation towards relatives in direct line, meaning towards parents, grandparents, and children. This maintenance obligation arises from §§ 1601 ff. of the Civil Code (BGB). According to these provisions, relatives are obliged to provide support to each other, as far as necessary to cover the basic needs of the recipient of maintenance. This also includes the costs for care and support in old age.
In your case, this means that you would generally be obligated to financially support your in-laws if they are unable to cover their care costs themselves. However, this obligation is not absolute and depends on various factors, such as your own income and assets. If your in-laws have sufficient resources or can access benefits from long-term care insurance, your maintenance obligation may not apply.
It is important to gather information early on about the financial situation of your in-laws and potentially seek advice from a lawyer to clarify your specific legal obligations. There are various ways to cover care costs, such as benefits from long-term care insurance, social welfare, or support from other family members.
It is commendable that you are planning ahead to ensure that your in-laws receive the best possible care. Early engagement with the topics of maintenance and care costs can help you take the right steps and plan ahead in a timely manner.
I recommend seeking comprehensive advice and discussing your individual situation with a lawyer. Only in this way can you ensure that you make the right decisions and fulfill your obligations towards your in-laws adequately.
I hope that this information has been helpful to you. If you have any further questions, please do not hesitate to contact me.
Best regards,
Anna Fuchs
Lawyer
