Filial Responsibility Laws — Should children be responsible to care for their parents?

Allison Ross (Managing Editor 2007-2008, Elder Law Journal) has recently authored a Note entitled Taking Care of Our Caretakers: Using Filial Responsibility Law to Support the Elderly Beyond the Government’s Assistance, 16 Elder L. J. 167 (2008).

Here is a summary of her article:

Parents bear moral, legal, and ethical responsibilities to care for their children. However, once parents reach an age where they can no longer look after themselves, the duties of their adult children to support them is less clear. In this Note, Ms. Allison Ross examines U.S. criminal and civil filial responsibility laws, which require adult children to financially support their elderly parents, and analyzes why these laws are not actively enforced by reviewing current filial responsibility laws and their close relationship to Medicaid. Next, this Note demonstrates the economic need for filial responsibility laws and analyzes how to improve their enforcement. Finally, Ms. Ross proposes a model civil filial responsibility statute with effective enforcement procedures and powerful incentives.