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Redneck
Reply with quote  #1 

   Awhile ago, here on the Board, the Filial Laws were brought up.  I didn't realize these exist.  I've begun researching and thought you might find this interesting, as I have.  My state isn't on the list "yet"...but I still gasp:   Holy Cow !!!

   This is just a List I found...not much other information here.



Filial Responsibility Laws - List of States Having Them

States with filial responsibility laws are: Alaska, Arkansas, California, Connecticut, Delaware, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Montana, Nevada, New Hampshire, New Jersey, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Virginia, and West Virginia.

To look up the actual language of the statutes, here are the citations:

1. Alaska Stat. 25.20.030, 47.25.230 (Michie 2000)

2. Arkansas Code Ann. 20-47-106 (Michie 1991)

3. California Fam. Code 4400, 4401, 4403, 4410-4414 (West 1994), California Penal Code 270c (West 1999), California Welf. & Inst. Code 12350 (West Supp. 2001)

4. Connecticut Gen. Stat. Ann. 46b-215, 53-304 (West Supp. 2001)

5. Delaware Code Ann. tit. 13, 503 (1999)

6. Georgia Code Ann. 36-12-3 (2000)

7. Idaho Code 32-1002 (Michie 1996)

8. Indiana Code Ann. 31-16-17-1 to 31-16-17-7 (West 1997); Indiana Code Ann. 35-46-1-7 (West 1998)

9. Iowa Code Ann. 252.1, 252.2, 252.5, 252.6, 252.13 (West 2000)

10. Kentucky Rev. Stat. Ann. 530.050 (Banks-Baldwin 1999)

11. Louisiana Rev. Stat. Ann. 4731 (West 1998)

12. Maryland Code Ann., Fam. Law 13-101, 13-102, 13-103, 13-109 (1999)

13. Massachusetts Gen. Laws Ann. ch. 273, 20 (West 1990)

14. Mississippi Code Ann. 43-31-25 (2000)

15. Montana Code Ann. 40-6-214, 40-6-301 (2000)

16. Nevada Rev. Stat. Ann. 428.070 (Michie 2000);
Nev. Rev. Stat. Ann. 439B.310 (Michie 2000)

17. New Hampshire Rev. Stat. Ann. 167:2 (1994)

18. New Jersey Stat. Ann. 44:4-100 to 44:4-102, 44:1-139 to 44:1-141 (West 1993)

19. North Carolina Gen. Stat. 14-326.1 (1999)

20. North Dakota Cent. Code 14-09-10 (1997)

21. Ohio Rev. Code Ann. 2919.21 (Anderson 1999)

22. Oregon Rev. Stat. 109.010 (1990)

23. 62 Pennsylvania Cons. Stat. 1973 (1996)

24. Rhode Island Gen. Laws 15-10-1 to 15-10-7 (2000); R.I. Gen. Laws 40-5-13 to 40-5-18 (1997)

25. South Dakota Codified Laws 25-7-28 (Michie 1999)

26. Tennessee Code Ann. 71-5-115 (1995), Tenn. Code Ann. 71-5-103 (Supp. 2000)

27. Utah Code Ann. 17-14-2 (1999)

28. Vermont Stat. Ann. tit. 15, 202-03 (1989)

29. Virginia Code Ann. 20-88 (Michie 2000)

30. West Virginia Code 9-5-9 (1998).

These state laws vary; however, law student Shannon Edelstone, in her award-winning essay , studied all of the state laws and found that most agree that children have a duty to provide necessities for parents who cannot do so for themselves. The states' legislation also gives guidelines to the courts, telling judges to use a number of factors when weighing the adult child's ability to pay against the indigent parent's needs. Judges, accordingly, have considered such variables as the adult child's financing of their child's college education, as well as his/her personal needs for savings and retirement.


billie jo
Reply with quote  #2 

redneck, that is just plain scary. there seems to be no escape in this life or the sense to make plans for the future. who is it who sang "no matter how much we struggle and strive, we'll never get out of this world alive."? pretty depressing. i can only say, if your state isn't mentioned yet, now is the time to be proactive, before someone piggybacks this onto some other bill they want passed.

Maggie J
Reply with quote  #3 

I wonder what happens if the parent and child don't live in the same state?

Redneck
Reply with quote  #4 
I'm not saying that I think children should  ethically, morally, whatever-ly  have no responsibility for their parents;  but the legal-stuff makes me apprehensive.

  That's all caregivers "need"...have the damnable legal-system with their corrupt, ignorant, unjust, dirty..."hands"-around-OUR-necks.  Politicians, judges, bureaucrats (!) deciding for US what our parents' "necessities" are?!!!!

Redneck
Reply with quote  #5 
Since I seem to be the last one to learn anything, probably everyone else has found this site.  I haven't taken time to really check-it out...but it might be helpful to somebody...

http://www.caregiver.org/caregiver/jsp/home.jsp

Judy
Reply with quote  #6 
AS if we don't have enough to deal with as caregivers/children, now we can be arrested!
Cathy Howat
Reply with quote  #7 
I wonder if we have those down here? I hope not. What if like me, your old man beat the snot out of you from age five?, the law says I "have" to take care of him?, HE was supposed to be taking care of ME!
Redneck
Reply with quote  #8 
From what little I understand,  these laws haven't been pushed much...so far.  But  California is beginning to push...and as the economy deteriorates, I see a real nightmare here...

It will be the "Boiled Frog" thing...appear a not-so-bad idea, even a reasonable one,...at first.  But with the "Social Services" goons in-charge...it will escalate into "them" right in our business.  They will dictate at what standard the parent has to be maintained...they will check and snoop and pry...up the invasiveness...and adult-children will find themselves liable for parents debts, liable for their law-breaking...just as for under-age kids.

Medicaid/medicare/NH's...if there continues to be such...will be able to take YOUR assets, your property, your HOME.  "They" will not stop...

And at what "age" do parents become "over-age" ?  What will be the law?  Who decides?  I have a million concerns about this.  Eeeeek!!!!

Judy
Reply with quote  #9 
Interesting info to ponder as if I don't already have enough to keep me awake at night. I am going to start looking for ways to protect our assets so that our daughter won't be robbed when we become the "elderly."
Redneck
Reply with quote  #10 
Oh Judy,  I am sorry for adding to your worries.

I, by nature, am rather happy-go-lucky; but as I am getting on-up-in-years, this crap spooked me.

My DH and I are doing all we can to have ourselves covered and not wreck the lives of our kids.  But HOW can we prepare for... IF we don't have the grace to die soon "enough"...?

  Really put trust in long-term insurance?  I don't trust insurance companies when times are good.   I've seen people who "thought" they had good coverage...and got "screwed".   Investments?  Ask retirees who were "set for life"...and woke-up completely wiped-out.

I am one who isn't counting on S.S/Medicare for one second.  And now...a law could be passed "tomorrow", making our KIDS legally responsible for us...jeopardizing everything THEY have worked for...?

NOT cool...

Tired Daughter
Reply with quote  #11 
This is very scary.  What happens when a kids has NOTHING to do with the parent since the kid was 18?  If they start enforcing this cr*p, do the children have to disown the parents?  I know my husband will have to do this with his stepfather, who adopted my husband when my husband was 2. 
 
For you all who were severely abused emotionally and/or physically, this is particularly rough if the start enforcing it.  Disowing legally--- is that possible??
ACK!!
Reply with quote  #12 
I find the whole thing BIZARRE anyway since we taxpayers have to foot the bill for programs such as welfare, etc. and stuff for illegal immigrants like health care!! Where does the responsibility END?? While I'd not begrudge a parent a peanut butter and jelly sandwich, or a safe place to live, I'm not going to go in the hole myself and get head over heels in debt because some Washington moronic bureaucrat thinks the parents (in their 80s and with terminal illnesses) need every medical test under the sun, five million high cost prescriptions and whatever else, just so they can limp along for another few months in agony while the medical community pilfers MY money on unnecessary crapola.

No siree!!

Alinka
Reply with quote  #13 
Redneck,
 
Thank you so much for posting this!!!!!!!!!!!!
 
(My cable internet provider "broke" along the line, so I've been offline for a week but in catching up this just made me crazy!)
 
I am an adult child of narcissistic parents, and have no children so am looking at this from that perspective and seeing stars.
 
As I read the list, and have yet to go to the specific statutes, I am amazed.
 
As I understand it, except for Louisiana and Puerto Rico, children can be disinherited.  I was.
 
But, I can be compelled to support her? (Father is deceased).
 
On her list of necessities:
 
-A residence in a golf community
-Landscaping services
-A housekeeper
-A driver
-An oceanfront condo
-A "girl" to look after it
-Several cruises annually
-International travel
-Catered dinners
 
She has a residence in a state listed, another in a state that is not.  I live in a state that is not listed, but hope to relocate to one that is.
 
I will drive off a cliff before I provide her with her necessities.  She will get what I got; NOTHING, while she cruised the world while I took out a second mortgage and she complains that I don't entertain her "enough".
Sara
Reply with quote  #14 
Quote:
I wonder what happens if the parent and child don't live in the same state?


In order for the courts to take action regarding these laws, both the child and the parent must live in the same state in which the law applies.

If the child moves to a state with no such responsibility laws, or if the parent lives in a state with no such laws. The child is never responsible.

Also, these old laws on the books are likely typically used to enforce cases where the child has taken the parent into their home and taken charge of the parent's money. 

Some children, when inviting a parent to live in their home, will ask the parent to sign over all the money to the caregiver. Or, use the money to buy a larger house.

Therefore these laws are likely there to protect a parent from a child who may take the parents money, leave the parent with nothing, and then abandon care of the parent.

Most elder neglect cases arise when the parent lives in the child's home. 


gracenotes
Reply with quote  #15 

Thank you Sara for your post.  I think this reflects the reality of the situation and few, or none of us have anything to worry about.  I even read a recent article about how this would be difficult to enforce in California, so, I assume, that is true just about anywhere. 

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