25 States Mandate Adult Children to Care for Aging Parents—Are You Legally Responsible?
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As America’s population ages, a surprising legal twist may affect millions of families. In 30 states, filial responsibility laws hold adult children financially responsible for their aging parents. As the number of those older than 65 increases—the United States currently has over 52 million and is projected to have 80 million by 2040 — so do questions about who should foot the bill for elder care.
Most adult children are willing to care for their parents, but the legal stakes increase as the U.S. tries to contain skyrocketing healthcare costs. Private nursing homes cost an average of more than $108,000 a year — too much for most older adults to afford, according to Genworth’s 2023 Cost of Care Survey. The result has been an upswell of interest in laws that aren’t new and can leave families stuck between personal moral compasses and financial fixes. Here are 25 states that mandate adult children to provide care for aging parents.
Alaska
Alaska, dubbed “The Last Frontier,” is full of absolutely amazing natural beauty (Denali National Park and Northern Lights, to name a few). In 1949, the state passed a filial responsibility law that mandates adult children to care for indigent parents under some circumstances.
Alaska is unique because its vast rural areas and cultural norms frequently prioritize family care over legal enforcement.
Arkansas
Arkansas, the “Natural State,” has scenic attractions such as the Ozark Mountains and Hot Springs National Park. The state’s traditional values of family solidarity are reflected in its filial responsibility law.
Enforcement in Arkansas emphasizes support from the child when the parents are not able to secure other assistance.
California
California, with its spectacular landscapes like Yosemite and its beaches like Malibu, boasts one of the oldest filial responsibility laws in the country. California Family Code section 4400 (FC 4400) sets forth the statutorily codified filial responsibility laws.
Under these laws, children are expected to care financially for their parents, who cannot afford to do so themselves. The courts of California consider children’s financial ability in determining support obligations.
Connecticut
Connecticut passed its filial law to ensure that children would be liable for impoverished parents.
Texas is the only state law that lets long-term care facilities collect from adult children for unpaid bills. In some cases, this feature has sparked debates over fairness.
Delaware
A small state, Delaware was one of the first to ratify the U.S. Constitution. People here enjoy a rich colonial history and beaches like Rehoboth. The filial law is hardly used but exists to serve as a safety net for hard-up parents.
The law prioritizes enforcement only when the parent cannot afford necessities.
Georgia
Decades of history are behind the filial law in Georgia, which hosts Atlanta’s pretty city life, and Savannah’s historic charm. The focus is on providing basic support for indigent parents based on the state’s views about the duty of familial support.
Unlike most of the other states, Georgia’s law is clearly different in its exemptions to abusive parental relationships.
Idaho
Home to rugged landscapes and the Snake River, Idaho also joined the ranks of filial law states. In 1939, it enacted the law to help financially aging parents. Idaho Statutes, Title 32, Chapter 10, Section 32-1002 outlines filial responsibility laws.
On account of the state’s emphasis on personal responsibility, the law is rarely enforced.
Indiana
Famous for the Indianapolis 500 and its Amish communities, Indiana has had a filial law since the 19th century. Of importance, the law extends to hold adult children responsible even if they live out of state.
However, before the state looks to kids for help, they try to recover Medicaid.
Pennsylvania
Pennsylvania, with historic sites such as Independence Hall, has one of the most active filial responsibility laws in the U.S. The law is frequently enforced, especially when nursing homes or care providers bring suit to collect unpaid bills.
Pennsylvania’s forcing filial responsibility has become a landmark case that helped shape the national discourse on filial responsibility.
Rhode Island
Rhode Island, the smallest U.S. state full of coastal beauty, also passed its filial law. The law seeks parental financial support from children only where necessary.
Rhode Island is the only state where the law makes special provisions for adult children who suffer neglect or mistreatment.
South Dakota
South Dakota, home to Mount Rushmore and Badlands National Park, outlines filial responsibility laws in Title 25, Chapter 25-10 of the South Dakota Codified Laws.
The law has been in effect since 1939 but is seldom enforced. Children must support financially needy parents unless they can demonstrate they are hard-pressed.
Iowa
Iowa Code section 252.2, the parent responsibility law in Iowa, was created in 1851 when the Poor Relief Act became law.
The law is unique in Iowa, covering parents and grandparents in limited cases. Rarely enforced, it is said to reflect the state’s deep community ties and family-first approach.
Kentucky
Famed for bourbon, horse racing, and fantastic landscapes – think Red River Gorge – Kentucky is known as the “Bluegrass State.” The law on filial recognizes the children’s financial responsibility to indigent parents.
Kentucky is unique in that it uses the combined role of family and government resources to avoid legal intervention.
Louisiana
Louisiana’s filial law was enacted in 1870 as part of Louisiana’s Civil Code. The state is known for its vibrant culture, Creole cuisine, and Mardi Gras celebrations.
Its strong family-centered values are reflected in the law, which compels children to care for destitute parents, provided they are financially able.
Maryland
Maryland, known for its Chesapeake Bay and its historical sites, like Fort McHenry, passed the filial law in 1965. In the state, courts have the power to enforce support duties of poor parents who need to be cared for.
Maryland has an outlier status by insisting on financial capacity requirements before the adult child must pay.
Massachusetts
Massachusetts is rich with Revolutionary War history and picturesque Cape Cod. This state also enacted its filial responsibility law, Massachusetts General Laws, Chapter 273, Section 20.
When enforced, those who are not adherent are fined $200 or liable to imprisonment for one year.
Mississippi
Mississippi, with its Mississippi River views and musical heritage, also has a filial law, which has been around since 1982. It mainly involves financial assistance for senior parents who cannot afford basic needs.
The law is rarely enforced; in most cases, Medicaid picks up elder care costs.
Montana
Montana’s law stresses family obligation but is not enforced because of a desire for informal care arrangements.
Montana offers unique features because it’s a rural, community-driven culture that often doesn’t need legal action.
Nevada
Nevada’s filial law obligates children to support their parents if they cannot provide for themselves financially.
Nevada is the only state that considers the adult child’s financial status or whether the child was previously estranged from the parent in determining whether to grant an exemption.
New Hampshire
New Hampshire only enforces this law on the basis of parental financial need and the child’s ability to pay. The state stands out for its emphasis on elderly care through state-funded programs rather than the law.
Failure to pay or voluntarily placing yourself in a position not to pay will earn you a 60-90 day imprisonment sentence.
New Jersey
Filial law is a thing; in fact, it has been going strong in New Jersey since the 20th century. Under the law, care providers or state agencies can pursue adult children to pay unpaid nursing home bills.
New Jersey is a hotspot of filial responsibility litigation, in no small part due to this aggressive enforcement.
North Carolina
The filial law was enacted in the home of the Great Smoky Mountains and Outer Banks, in the 19th century. According to the law, all impoverished parents are required to be supported financially by adult children unless the latter can show that they can’t afford to do so.
Failure to do this, you will be guilty of a misdemeanor, with a maximum sentence of 30 days in jail and a $1,000 fine.
Oregon
famed for its lush forests and beaches, Oregon also adopted a filial law that allows adult children to be held responsible for care costs if their parents are completely out of money.
Oregon’s elder care policies are progressive. They provide robust state-funded support to minimize the need for legal enforcement.
Tennessee
Filial responsibility law in Tennessee is codified in the Tennessee Code, Title 71, Chapter 5, Section 71 — 5 — 115.
Under these laws, the state may require or permit a responsible party, such as a child, to provide or pay for medical assistance to a recipient for whom it is provided.
Utah
Utah, home of two of America’s iconic national parks (Zion and Arches), also enacted its filial responsibility law. The law is rarely enforced by the state; instead, family mediation is preferred to litigation.
What makes Utah’s law so unique is in its taking into consideration the religious and moral obligations of the adult child in support cases.
Disclaimer – This list is solely the author’s opinion based on research and publicly available information.
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