Elder Care in the United States: Filial Responsibility Laws, Judicial Decisions, and Enforcement Issues

Introduction

• Authors: Sesha Kethineni and Gowtami Rajendran
• Focus: Review and assess laws, court decisions, and enforcement issues related to filial responsibility in the US.
• Filial Responsibility Laws: Require adult children to support elderly parents; vary widely across 29 states.

Filial Responsibility Laws

• Definition: Duty for adult children to financially support parents (food, shelter, medical needs).
• Variations: Statutes vary by state on amounts, duration, and enforcement.
• Enforcement Challenges: Often involve neglect rather than overt abuse.

Demographic Changes

• Household Diversity: Increase in divorces, step/adopted children complicates care responsibility.
• Elderly Population: Projected to double by 2050; life expectancy risen from 69.77 (1960) to 78.8 (2012).
• Social Security & Medicaid Impact: Growing old-age dependency ratio; more financial/emotional stress.

Theories of Moral Duty of Care

• Reciprocity: Children owe care in return for parental upbringing.
• Friendship: Emotional bonds justify care obligations.
• Need: Care should be provided due to parent's vulnerability.
• Promise: Assumed promise from the nurturing relationship.

Court Decisions and Statutes

• Historical Context: Inspired by England’s Poor Laws of 1601; fluctuated with Social Security Act's introduction.
• State Variations: 29 states have statutes; definitions and obligations differ widely.

Enforcement Challenges

• Financial Responsibility: Courts assess financial ability and past parental abandonment.
• Political Considerations: State resources often better allocated elsewhere.

Criminal Cases

• Examples: Davis v. Commonwealth of Virginia, People v. Manis, Billingslea v. Texas.
• Outcomes: Highlight inconsistencies in enforcement and interpretation.

Conclusions

• Challenges: Lack of uniformity and priority in elder care laws.
• Policy Recommendations: Call for inclusion of multiple disciplines to develop best practices.
• Healthcare System: Under strain from increased elderly population; need for preventative care emphasized.

References

• Main Authors: Kethineni & Rajendran
• Important Works Cited: Studies on filial laws, elder care statistics, legal cases.

Licensing

• Creative Commons: Attribution 4.0 International License (CC-BY 4.0)