FILIAL RESPONSIBILITY LAWS
Portia B. Scott, J.D., L.L.M. • September 6, 2021

A Reversal of Roles?

We all know that a parent has a financial obligation to support his or her minor child: child support. But, did you know that many states in the US can also impose on an adult child a responsiblibilty to support his or her parent? These are called “Filial Responsibility laws” and, before moving to such a state, it is good to understand how these laws work.


The logic of these law goes something like this: before all of the taxpayers should have the burden of providiing for impoverished adults, the law should look first to the children of the person seeking help from the state.


Typically, filial responsiblity laws are enforceable, though little attention is given to them. And then, in 2012, an impoverished woman who had been in full skilled nursing care in Pennsylvania was removed to Greece (the nation of her birth) which had soclialized medicine. The faciity was left with a huge, unpaid bill. The facility sued the adult son and got a judgment against him.


Many states have such laws on their books, though with a wide variety of who may institute the suit. For instance, our neighbor to the north, Georgia, apparently only authorizes counties providing support to the indigent to initiate suit. Delaware, Massachuttes, North Dakota, New Jersey, even Alaska have some form of duty imposed on the adult children of indigent parents. Some states, such as North Carolina, even criminalize failure to support one’s indigent parent if able.


Jurisdiction over the child does become an issue if the child does not reside in the same state as the indigent parent. But what about residents of North Carolina who only maintain a temporary presence in Florida? 


Florida, of course, has no such laws. We utilize Medicaid to help the elderly poor in need of medical assistance. Still, it is useful, before moving to another state, to take its filial responsibility laws into consideration.


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