Selected Reform Responsa 145
QUESTION: Many Jewish institutions for the elderlyrequire that all assets be placed into the custody of the institution before placement can take place. This has resulted in a large number of elderly individuals either refusing to use the institutions, or giving their assets to their children before placement. The latter is often used as a way of evading financial responsibility. The infividuals then either become wards of the state or place an undue burden upon the Jewish community which supports the institution. What is the Jewish attitude toward this kind of subterfuge?(Howard Fagin, Temple Sinai, Atlanta GA).
ANSWER: The law as presently constituted intends to view the state as the care provider of last resort. Although this was the intention of the Congress, the rising cost of care for the elderly and the inability of private institutions to provide adequate care has led to the subterfuge mentioned above. It is, of course, wrong to cheat the government especially a friendly government or helpful institutions to avoid fiscal responsibility(B. B. K. 113 a, b; Or Zarua 110; Solomon ben Aderet Responsa 3:165; 4: 35, 111). This should be considered as genevat daat or possibly outright theft(B. Hul. 94a; Yad Hil. Genevah 18.3; Tur and Shulhan Arukh Hoshen Mishpat 228.6). We must see this matter in the light of various aspects of tradition as well as other factors which may ameliorate this initial judgement.
Let us begin by reviewing some economic considerations presented by our tradition. We should recall that the Talmud set a
poverty level for those eligible to receive the second tithe. The net worth had to be below 200 zuz or 50 zuz if the funds were invested as capital(M. Peah 8.8f, Yad Hil. Manat Aniyim 9.14; Tur and Shulhan