1. Each parent and every adult child of an adult who is unable to support oneself shall maintain that adult to the extent of the ability of each. 2. Except as provided under subsection 3, a creditor may not recover under this duty of support unless the: a. Recovery sought by a creditor is for the furnishing of necessary health services, which may include medical and long-term care services; b. Recovery sought is from a parent or adult child who received a direct benefit from a disqualifying transfer of an asset under section 50-06.2-07 or 50-24.1-02; c. Recovery being sought from this parent or adult child does not exceed the fair market value, including any gain, resulting from the disqualifying transfer; and d. Disqualifying transfer occurred within five years of the receipt of the necessary health services or application for medical assistance. 3. A creditor may recover under this duty to support if the: a. Recovery is sought by a creditor for the furnishing of necessary health services, which may include medical and long-term care services; b. Recovery is sought from a parent or adult child who acted in bad faith by misappropriating, misusing, or diverting income or assets of the other adult to prevent or avoid payment for necessary health services; c. Recovery being sought from the parent or adult child does not exceed the fair market value, including any gain, resulting from the disqualifying transfer; and d. Bad faith action occurred within five years of the receipt of the necessary health services.
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