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A law of this nature assumes, to a degree, that we, as adults, somehow lack the compassion, loyalty and humanity to provide for loved ones voluntarily and, thus, need the guvmint to force us to do what's right and ethical. I find that both intrusive and extremely insulting.
While I agree 100% with Markg's insightful and thoughtful comments in post #7 above, I would still be curious to know his opinion of "destitute parent" laws in our present context - the United States in 2011. Markg did a good job of summarizing the historical context of the elderly poor, but now that we have Soc. Sec. and Medicare, is there a need for the potentially unfair burdening of individual adult children by mandated financial support of their parents?
There is an incentive to care for elderly parents through a caregiver program in some states (I think mine included). I read about it last year. If the program still exists, essentially a caregiver, even a family member, can get paid some amount for caring for a parent and also some stipend for respite.
You ask if there is a need, and I would say there is always a need somewhere in all economies. Is it enforceable law is the question. A lot of legal matters in certain societies are based on that society's morals and ethics. In our Western society, outside of professional settings we do not have the kind of caregiver morals that could be backed up by law (outside of abuse issues).
When my mother was refusing any kind of help from anyone including her daughters, we were going to try to get legal custody of her. Social workers had warned us that we could be criminally liable--charged with neglect if it were found she was neglected. I think it would be wise to consult attorneys in one's state to find out what criminal neglect is all about in relation to the elderly.
The other day, an able-bodied 30-something year old man yelled at me about how 'someone' should be coming to his alcoholic father's house every day and cooking for him because he doesn't like healthy food and 'someone' has to make it tasty for him.
I wanted to pop this ahole in the face. Why is it up to the 'system' to take care of that cantankerous bastard? Why doesn't his self-righteous idiot son do it? People are so effin' entitled.
YES, I do believe that families are supposed to take care of each other and not make it other people's problem. Should it be a law? I don't think so.
A law of this nature assumes, to a degree, that we, as adults, somehow lack the compassion, loyalty and humanity to provide for loved ones voluntarily and, thus, need the guvmint to force us to do what's right and ethical. I find that both intrusive and extremely insulting.
Feel as insulted as you want...it's true. Millions of people just foist their needy family on the rest of us.
Feel as insulted as you want...it's true. Millions of people just foist their needy family on the rest of us.
I know that. I'm quite realistic, thank you. But the assumption is still personally repugant to me and it was from that perspective I posted what I did.
There is an incentive to care for elderly parents through a caregiver program in some states (I think mine included). I read about it last year. If the program still exists, essentially a caregiver, even a family member, can get paid some amount for caring for a parent and also some stipend for respite.
There is one in CA. The elderly must be incapable of caring for themselves physically, mentally, or both. The caregiver can be a family member or a roommate, does not receive stipend, only the fee the state pays to a professional caregiver. However, IIRC, unlike professional caregiver, the family member must live in the same house with the elderly.
That program does not apply when the parents are destitute but still physically and mentally competent to take care of themselves.
Side note: Parents of an adult child who is mentally incapable of self-care does not receive any help from the government for taking care of said "child". Our 82 year old friend who has spend all her life working (when she was young) and taking care of her only child, a 52 year old MR man, receives nada, nil, zip, from the government. They struggle on her pension and SS, plus his SSI, their combined income is a couple of hundreds over the government guideline, making them ineligible for HUD assistance. For three decades now, her friends are her financial, emotional, and psychological support system.
Shall we have a law for "destitute adult children" as well?
Last edited by Ol' Wanderer; 12-10-2011 at 11:22 AM..
Rather than link to the various statutes, I found a law review article that discusses filial responsibility. As of 2002 there were 30 states that had these statutes. According to the article, some states dropped the statutes when Medical Assistance was enacted. The article provides a good history of filial laws in the U.S. and also describes filial laws in Canada, Japan, Singapore and Germany.
I clicked on the link and it said "Page not found".
Don't know if AZ has this law or not but my mom will never be destitute, if I have anything to say about it. I pay rent to her every month but if something comes up I will take care of it for her as well. For instance, my nephew and his wife worked Mom's washer so hard they wrecked it...trying to do a whole week's worth of laundry in ONE load! So I got her another one. Used but works very well.
I have two brothers, numerous cousins/nieces/nephews in this town but not ONE of them contributes a penny to Mom. They DO ask for loans though. And she's such a softy she'll give it to them even borrowing from me to do it sometimes. They have, pretty much, quit doing that since I moved to be closer to her. Luckily her home is paid for so all she has to worry about it taxes and insurance. Her home has lost half it's value the last few years and since she's 84 she has a VERY low tax on it. She has no debt and does get about $120 mo. in food stamps. But "destitute"? Never!
I clicked on the link and it said "Page not found".
Curious! Takes me right to it. But you have to have Adobe Reader.
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Here's a list of the states
