bucabrandy
Guest
0 post
7-Jul-2008
1:51 PM 
My son is 32 years old. Has been fired from his job due to alcohol abuse. He has been thrown out of his girlfriends house. He is currently staying with us. Our address is his legal address. We have taken his car keys and are trying to do all we can to get him help. If he does something stupid, like drive someones car , or get into a fight or anything that could result in legal action and someone want to sue, are my husband and I at all liable??
Thanks
JohnnyRocket
33 post s
7-Jul-2008
8:05 PM While parents are liable for the actions of their minor children, no such liability follows an adult child who has moved back home (barring unusual circumstances, such as the parents being appointed legal guardian of a mentally ill child, etc.)
Liability could attach where you were contributing to his dangerous propensities (providing him alcohol, use of your car.)
It is important to note that if he were sued, any assets in his name could be in jeopardy, thus you should not name him jointly on any of your bank accounts, or on deeds to real estate as long as his problem persists.
When you are planning for the disposition of your estate you may wish to consider putting assets for your son in a trust - this would allow a trustee to disburse the assets for your son's benefit but not allow him access to a large principle amount which could be spent on his bad habit to his detriment.
Attorney John F. Libertine
For more information or to post a question, visit our MA Personal Injury Law Discussion Forum.