Tuesday, May 27, 2008

Filial Responsibility Laws (continued) -- Utah, Indiana


I last covered filial responsibility laws state by state in Oct. 2007 on this blog, but here are a couple more.

Utah specifies an order that, after adult children, makes siblings, grand-children and grandparents (unlikely!) to support indigent parents. The link is here.

I could not make the justia.com link work for all states.

Indiana has a straightforward-lookibg law 31-16-17, here. It starts with the following:
Duty to furnish support for parents
Sec. 1. Any individual:
(1) whose father or mother provided the individual with necessary food, shelter, clothing, medical attention, and education until the individual reached sixteen (16) years of age; and
(2) who is financially able due to the individual's own property, income, or earnings;
shall contribute to the support of the individual's parents if either parent is financially unable to furnish the parent's own necessary food, clothing, shelter, and medical attention. The individual shall also provide financial support for the parent's burial if the parent's burial is provided under IC 12-20-16-12.”

Tennessee has a comprehensive statement on the problem if aging populations with PL 1093, here. I could not find Tennessee’s specific statues (71-5-115) readily online.

It's well to bear in mind that filial responsibility laws actually are based on the occurrence of poverty in the adult child's parents (or sometimes other relative). In practice, the most common reason for their potential use in the future would probably have to do with nursing home placement for the aged.

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