Filial Responsibility: Are You Legally Obligated to Take Care of Your Parents? | Keystone Quarterly (2024)

FAQs

Am I obligated to take care of my parents when they get old? ›

Yes, you can refuse to care for elderly parents. However, filial responsibility laws obligate children to provide their parents with clothing, food, housing, and medical attention.

Specifically, California Family Code section 4400 (“FC 4400”) states that, “Except as otherwise provided by law, an adult child shall, to the extent of the adult child's ability, support a parent who is in need and unable to self-maintain by work.”

Filial responsibility is a concept in elder law. It describes the duty an older person's adult children may have to support them. It typically occurs when the parent lacks the financial means to support themselves.

Filial responsibility laws impose a legal obligation on adult children to take care of their parents' basic needs and medical care. Although most people are not aware of them, 30 states in the U.S. have some type of filial responsibility laws in place.

The 30 states that have filial responsibility laws are as follows: Alaska, Arkansas, California, Connecticut, Delaware, Georgia, Idaho, Indiana, Kentucky, Louisiana, Massachusetts, Mississippi, Montana, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South ...

Children/grand children are under obligation to maintain his or her parent either father, mother or both. Likewise, relative of a senior citizen is also bound to look after the senior citizen.

Do I Have to Take Care of My Parents? Every person has the right to set their own boundaries. This may mean there is a limit to your involvement in their care, or it could mean that you go no contact with elderly parents. The choice is yours to make, and it's important to understand that you always have options.

Most filial laws require you to support your parents' basic living needs. These can include food, medical bills (mental and physical), housing, and additional care they receive, such as stays at nursing homes.

Filial Responsibility

Filial support laws obligate adult children to provide necessities like food, clothing, housing, and medical attention for their parents who can't afford to take care of themselves.

What happens when you can't take care of an elderly parent? ›

For these seniors, in home care services, such as help from a personal care aide or home health aide, may be the right choice. Other seniors may prefer assisted living facilities or nursing homes. If your parents want to remain in their home, evaluate local licensed home care agencies.

For example, if the mother does not wish to speak to her child, then her child is no longer positioned to provide the good in question; that is, staying in touch with her mother. The child, however, may still have other filial obligations.

Filial laws require children to provide for parents' basic needs such as food, housing, and medical care. The extent of filial responsibility varies by state, along with conditions that make it enforceable including the parent's age and the adult child's financial situation.

While filial responsibility laws in California may obligate you to support your elderly parents, there are valid reasons to refuse or limit your caregiving responsibilities. These reasons should be carefully considered and documented to protect yourself from potential legal consequences.

Currently, 28 states have laws called filial responsibility laws, requiring adult children to support their aging parents. In addition, a bill passed in 2005 may place a heavier burden of taking care of parents' nursing home bills on adult children. Filial responsibility laws differ from state to state.

In 30 states, the child is responsible for the care of their elderly parents once they can no longer take care of themselves. However, in 11 of these states, the law that states this filial responsibility has never been enforced.

If you're thinking, “I don't want to care for my elderly parents,” that's okay. You can protect your peace without taking on the strain of day-to-day care interactions. In this article, we will discuss why you might be unable or unwilling to care for your aging parent and your options for support.

Caring for adult parents doesn't necessarily mean giving up your life to care for elderly parents. It can seem like you need to spend all your time focused on caregiving, but that's not true. As a caregiver, it's essential that you practice self-care. You can start by identifying and managing stress.