Filial responsibility laws place a legal duty on adult children to financially support their aging or indigent parents, often covering necessities like medical bills, food, and housing. These laws, rooted in historical values of familial care, vary widely across states and can carry significant penalties for non-compliance.
Here are 27 state-specific laws that shape how families navigate elder care and financial responsibility.
1. Alaska
In Alaska, the law emphasizes mutual support between parents and children. According to Alaska Statute 25.20.030, adult children are required to support their parents if they are unable to care for themselves due to financial hardship. (ref)
This law reflects the state’s commitment to familial responsibility, ensuring that those in need are not left without assistance.
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2. Arkansas
Arkansas has a unique approach to filial responsibility. Under Arkansas Code Ann. 20-47-106, adult children may be held accountable for their parents’ mental health care costs if the parents cannot afford them and no insurance coverage is available.
This law underscores the importance of mental health support in the realm of familial obligations.
3. California
California’s Family Code Section 4400 mandates that adult children must support their parents if they are unable to maintain themselves financially. While enforcement is rare, it serves as a reminder of the state’s expectation for familial support in times of need.
The law takes into account both the parent’s financial situation and the child’s ability to provide assistance.
4. Connecticut
In Connecticut, filial responsibility laws require adult children to provide necessary support to their parents under certain conditions. Specifically, General Statutes § 46b-215 states that neglecting this duty can lead to legal consequences, including potential fines or imprisonment for those who refuse to assist financially when they are able.
5. Delaware
Delaware’s laws also reflect a commitment to family support. The state mandates that adult children provide for their indigent parents under Title 13, Chapter 503 of its statutes.
This obligation extends beyond mere financial assistance; it encompasses all basic needs, ensuring that elderly parents receive adequate care and support.
6. Georgia
In Georgia, filial responsibility is codified in law under Code Ann. § 36-12-3, which requires adult children to support their impoverished parents financially. This law emphasizes that neglecting this duty can lead to legal repercussions, reinforcing the moral and legal expectations placed on adult children regarding their aging parents.
7. Indiana
Indiana’s approach mirrors that of many states with similar laws; under Indiana Code § 31-16-17-1 et seq., adult children are legally obligated to provide for their indigent parents if they have the financial means to do so. This law reflects societal values surrounding family support and encourages responsible caregiving among adult children.
8. Kentucky
In Kentucky, the law emphasizes the duty of adult children to support their indigent parents under Kentucky Revised Statutes § 530.050. This statute allows for civil action against children who fail to provide necessary support, including food, shelter, and medical care.
Interestingly, the law requires that notice be given to all siblings before any one child can be held fully responsible, ensuring a collective approach to parental care.
9. Louisiana
Louisiana’s filial responsibility is outlined in Louisiana Revised Statutes § 4731, which mandates that adult children must care for their impoverished parents. The law specifies that this support includes basic necessities such as food, clothing, and medical care.
While enforcement may vary, the statute underscores the expectation that family members will step in when parents can no longer support themselves.
10. Massachusetts
In Massachusetts, General Laws Chapter 273, Section 20 establishes a legal obligation for adult children to support their indigent parents. This law encompasses financial assistance for basic needs and medical care when parents cannot afford them.
Although enforcement is rare, it serves as a reminder of the moral and legal expectations placed on children regarding their aging parents.
11. Mississippi
Mississippi’s filial responsibility is codified in Mississippi Code § 43-31-25, which requires adult children to provide for their needy parents. The law emphasizes that this obligation includes basic necessities such as food and shelter.
While penalties for non-compliance are not commonly enforced, the statute reflects a strong cultural belief in familial duty.
12. Montana
Montana’s approach to filial responsibility is outlined in Montana Code Annotated § 40-6-214 and § 40-6-301. These statutes hold adult children accountable for providing necessary support to indigent parents who cannot care for themselves.
The law not only covers basic needs but also allows for civil actions against those who neglect this duty, reinforcing the importance of family support.
13. Nevada
In Nevada, the filial responsibility laws are somewhat limited under Nevada Revised Statutes § 428.070. Adult children are only liable if there is a written agreement to pay for care or if they have control over their parent’s assets and sufficient income to contribute.
This nuanced approach means that while there is a legal expectation of support, it is not as broadly enforced as in other states.
14. New Hampshire
New Hampshire’s filial responsibility law requires relatives to assist those in need under Revised Statutes Annotated § 167:2. This obligation applies when relatives have sufficient income after providing for their immediate family.
The law not only emphasizes financial support but also includes provisions for potential legal consequences if obligations are neglected.
15. New Jersey
New Jersey has a comprehensive set of laws regarding filial responsibility under Statutes Title 44:4-100 through 44:4-102. These statutes allow the state to pursue financial assistance from relatives of individuals deemed unable to support themselves financially.
The laws outline specific obligations and consequences for failure to comply, highlighting New Jersey’s serious approach to ensuring that aging residents receive necessary care.
16. North Carolina
In North Carolina, the law mandates that adult children provide support to their indigent parents under General Statutes § 14-326.1. This statute emphasizes that children must financially assist their parents if they cannot meet basic needs.
The law is designed to ensure that no parent is left without necessary care, reinforcing the expectation of familial support in times of need.
17. North Dakota
North Dakota’s filial responsibility is outlined in Century Code § 14-09-10, which requires adult children to support their indigent parents. This obligation includes providing for basic necessities such as food and shelter when parents are unable to do so themselves.
The law reflects a strong commitment to family values and the importance of caring for one’s elders.
18. Ohio
Ohio’s approach to filial responsibility is defined in Revised Code § 2919.21, which holds adult children accountable for their parents’ support if they are unable to provide for themselves. This law allows for civil actions against children who neglect this duty, ensuring that aging parents receive the necessary care and support they require.
The enforcement of this law varies, but it serves as a reminder of familial obligations.
19. Oregon
In Oregon, the law under Revised Statutes § 109.010 establishes that adult children must provide for their indigent parents if they have sufficient means. This obligation covers essential needs such as food, shelter, and medical care.
While enforcement may not be aggressive, the statute underscores the expectation that families will support one another in times of need.
20. Pennsylvania
Pennsylvania has one of the most robust filial responsibility laws in the country, outlined in Title 23 Pa.C.S. § 4603. This law allows for significant legal consequences for adult children who fail to support their indigent parents, including civil lawsuits initiated by healthcare providers seeking reimbursement for unpaid medical bills.
The state’s commitment to enforcing these laws reflects a strong societal expectation for adult children to care for their aging parents.
21. Rhode Island
Rhode Island’s laws regarding filial responsibility are encapsulated in General Laws § 15-10-1 to § 15-10-7 and § 40-5-13 to § 40-5-18. These statutes require adult children to provide necessary support to their indigent parents, covering both financial assistance and basic necessities.
The law emphasizes a collective family responsibility, ensuring that no parent is left without adequate care.
22. South Dakota
In South Dakota, the Codified Laws § 25-7-28 outline the obligation of adult children to support their indigent parents financially. This law mandates that children must assist with basic needs when parents cannot do so themselves due to financial hardship.
While enforcement may vary, it reflects a cultural expectation of familial duty and care.
23. Tennessee
Tennessee’s filial responsibility is codified in Tennessee Code Annotated § 71-5-115 and § 71-5-103, which require adult children to provide necessary support for their indigent parents. This obligation includes financial assistance for essential needs such as food and medical care when parents are unable to meet these requirements on their own.
The law serves as a reminder of the importance of family support in ensuring quality elder care.
24. Utah
Utah’s filial responsibility law, while not as strictly enforced as in some other states, still exists under Utah Code § 17-14-2. This statute establishes that adult children may be held responsible for their parents if they are in need and the children have the financial means to assist.
However, the law has been largely dormant since a significant portion was repealed in 1975, making enforcement rare and often dependent on specific circumstances.
25. Vermont
Vermont takes a firm stance on filial responsibility under Title 15, Chapter 1, Section 1. The law mandates that adult children who have the financial ability to support their destitute parents must do so or face potential penalties, including fines or imprisonment.
This statute emphasizes the importance of familial duty and ensures that aging parents receive necessary support when they cannot provide for themselves.
26. Virginia
Virginia’s filial responsibility law is codified in Virginia Code § 20-88, requiring adult children to provide support for their needy parents if they are financially able. The law outlines that multiple siblings can share this obligation equitably, ensuring that no one child bears the entire burden.
Failure to comply can result in civil penalties, including fines and even jail time, highlighting the seriousness of this legal obligation.
27. West Virginia
West Virginia’s approach to filial responsibility is defined in West Virginia Code § 9-5-3, which mandates that adult children must support their indigent parents if they have sufficient means. This law ensures that parents who cannot care for themselves due to financial hardship receive assistance from their children.
While enforcement may not be aggressive, it reflects a cultural expectation of familial care and support.
The landscape of filial responsibility laws across these states illustrates a complex web of legal obligations that adult children may face regarding the care of their aging parents. As healthcare costs rise and families navigate elder care challenges, understanding these laws is crucial for ensuring that both parents and children are prepared for the responsibilities ahead.
Davin is a jack-of-all-trades but has professional training and experience in various home and garden subjects. He leans on other experts when needed and edits and fact-checks all articles.