Sunday, April 18, 2010

Filial Responsibility Laws: Oregon, Arkansas

I haven’t put up a page on specific states’ filial responsibility laws for a while, but I checked a couple more.

Oregon has section 109.010 here, “Duty of Support”, link here,  worded simply

“Parents are bound to maintain their children who are poor and unable to work to maintain themselves; and children are bound to maintain their parents in like circumstances.”

It appears from context that the statute must refer to “adult children.”

I looked up Arkansas, because of Mike Huckabee’s firestorm (see my GLBT blog April 13, 2010), and found it a bit confusing. It appears that until 2001 Section 20-47-106, given in the “Everyday Simplicity” blog (linked on July 12, 2007), Arkansas held adult children and grandchildren responsible for mental health services for elders provided by the state, but then the wording was changed to be posited in terms of “persons legally liable for the support, care and maintenance…”.   The link for the PDF of the Arkansas mental health code document is here.

I could not easily find a definition of “legally liable for support” in the Arkansas code generator (here ). Presumably with eldercare it would be defined in terms of guardianship or possibly being a “responsible party” under a POA.

But I found a comment from “Elder Justice Advocates for National Guardianship Reform” on the “Everyday Simplicity” blog that read sternly: “When are they going to warn the adult children of the elderly "the baby boomers" that this is the law?: They are already destroying us in guardianships that are corrupt now this? What happened to America?” Good point. You can find that EJA blog here.

Picture (unrelated): how to fake a UFO photo.

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