Abstract
Filial responsibility (duty of care) laws often require adult children to support their elderly and infirm parents. Some states extend this obligation to close relatives. This responsibility may be enforced via statute or morally encouraged as part of religion within a culture. Given the diversity of cultures in America, the duty of care is difficult to define, enforce, and interpret when such cases come to the attention of the courts. Twenty-nine states that currently have statutes related to filial responsibility vary widely in defining the concept and specifying how to enforce the laws. Because many of these involve neglect rather than overt abuse, enforcing filial responsibility statutes presents a unique challenge for the criminal justice system. This article reviews state legislation and scholarly sources to assess the current laws, court decisions, and enforcement issues.
Highlights
Filial responsibility laws often require adult children to support their elderly and infirm parents
Filial responsibility or filial obligation laws create a duty for adult children to care for their indigent parents when the parents cannot afford to pay for such care (Moskowitz, 2001)
Given that many of these cases come to the attention of the authorities after abuse has occurred, enforcing filial responsibility statutes presents a unique challenge for the criminal justice system
Summary
In the United States, many issues that confront society today are unlike the problems that existed when filial responsibility statutes emanated from the “Poor Laws” of the 16th century (Kline, 1992). As more and more women enter the workforce, there is a reduction in the availability of able and willing adult children to care for their elderly parents. In addition to the increased participation of women in the workforce, the elderly population in the United States is on the rise. Between 2012 and 2050, the older population (65 and older) in the United States is projected to double in size from 43.1 million in 2012 to 83.7 million in 2050. This estimated increase is mainly attributable to the aging of baby boomers (Ortman, Velkoff, & Hogan, 2014). The question is: do adult children have a duty to care for elderly family members? The following sections provide both the theoretical arguments and legal reasoning behind filial responsibility laws
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