U.S. Filial Responsibility Laws

As millions of people across America gather for the holidays this season, I have been exploring all aspects of retirement and came across some interesting information regarding filial laws.

Filial Laws

What are Familial Laws?

Filial responsibility laws (filial support laws, filial piety laws) are laws in the United States that impose a duty, usually upon adult children, for the support of their impoverished parents or other relatives.^[1] In some cases the duty is extended to other relatives. Such laws may be enforced by governmental or private entities and may be at the state or national level. While most filial responsibility laws contemplate civil enforcement, some include criminal penalties for adult children or close relatives who fail to provide for family members when challenged to do so. The key concept is impoverished, as there is no requirement that the parent be aged.

Why are these laws important to you?

If you live in a state that has these laws then you may have an obligation to take care of your parents or other family members. The states in red below all have filial laws that obligate you to take care of impoverished relatives to some extent.

Fortunately, I don’t live in one of those states but it is good to note should we decide to retire to a different state, we wouldn’t want our kids financially burdened with our care however I am aware that there are some very selfish seniors out there that would love to have their kids be forced to take care of them.

It’s not clear to me if you have a parent who lives in one of these filial law states but you live in one that doesn’t if there is an obligation or not. I’m not entirely sure how enforcement would happen for people that aren’t residents of these states but it may be worth investigating if you’re in this situation. The last thing you want to happen as you retire is to be hit with unexpected expenses for someone else.