Caring for aging parents is often seen as a moral or emotional responsibility—but in some states, it’s also a legal one. These laws, known as filial responsibility laws, can hold adult children accountable for financially supporting their parents in times of need.
What Are Filial Responsibility Laws?
Filial responsibility laws are state-level statutes that may require adult children to financially support their parents if those parents are unable to care for themselves. These laws vary in scope, enforcement, and intent, but they are rooted in the belief that family should come before the government when it comes to caregiving.
The Legal Basis for These Laws
Many of these laws date back to the early 20th century and are based on old English Poor Laws. While some were introduced as symbolic policies, others were designed to reduce the burden on state welfare programs by shifting responsibility to family members.
Which States Have These Laws?
As of now, more than two dozen states have filial responsibility laws on the books. These include Pennsylvania, South Dakota, North Carolina, California, Indiana, and others. Not all enforce them actively, but the laws still exist—and can be used in court under certain conditions.
Real-World Cases Have Happened
One of the most well-known examples occurred in Pennsylvania, where a nursing home successfully sued a man for over $90,000 in unpaid care for his mother. Cases like this are rare, but they set a precedent that such laws can be enforced when other financial resources are exhausted.
How These Laws Are Enforced
Filial responsibility laws are civil, not criminal, statutes. That means adult children can’t be jailed for non-compliance, but they may be sued in civil court by care providers or state agencies. The court will consider factors like the child’s ability to pay and the parent’s financial situation before making a judgment.
How Medicaid Plays a Role
In most cases, Medicaid will cover long-term care for low-income seniors. But if a parent doesn’t qualify for Medicaid or if certain expenses fall outside of coverage, nursing homes or medical providers may attempt to recover costs from the adult children—particularly in states that allow it.
Who Is Exempt From These Laws?
Many laws include exemptions for adult children who were abused, neglected, or estranged from their parents. Others take into account the child’s financial hardship or inability to provide support. Each state handles exemptions differently, so it’s important to read the specific language of the law where you live.
What This Means for Adult Children
If you live in a state with an enforceable filial responsibility law, and your parent becomes financially dependent, you could be held liable for some of their expenses. This is especially true if Medicaid is denied or if the parent has debts to care providers that go unpaid.
How to Protect Yourself and Your Parents
The best defense is preparation. Help your parents plan ahead for retirement and long-term care. Make sure they understand Medicaid eligibility rules, and encourage them to invest in long-term care insurance if possible. If you’re concerned about legal exposure, consult an elder law attorney in your state.
