Hacker News Reader

Comment by DasIch | Hacker News Reader

I'm not entirely sure on the laws in the US but in Germany the law basically considers parents to be responsible for their children and as the parents and children get older, eventually the children become responsible for the parents. I'd imagine it's similar in other countries.

A lot of the time there isn't much or any consideration given in case of abusive relationships. Even though I think we both agree on the fact that in such a situation any ties both morally and legally should be severed.

View on HN

Actually, this varies a lot depending on country, and in the US depending on state.

In European Union, different member states have different practices. Germany and South European countries have laws and strong social norms that adult children must take care (or at least pay) for caring their old parents. Northern Europe does not (Nordic countries, Netherlands, Belgium, I understand Britain as well).

According to [0], 28 U.S. states make adult children responsible for their parents if their parents can't afford to take care of themselves.

In Russia, law also requires adult children to care for their parents (this I know for a fact due to an immigration case where I helped).

In China caring for old parents is an important responsibility of children, but I do not know how that is formulated in law.

[0] http://www.elderlawanswers.com/requiring-adult-children-to-p...

>In China caring for old parents is an important responsibility of children, but I do not know how that is formulated in law.

http://www.huffingtonpost.com/entry/china-parents-children-v...

About half of US states have laws like this. Sometimes it's a specific financial responsibility for medical bills or burial costs, sometimes it's a more general law like this one: https://malegislature.gov/laws/generallaws/partiv/titlei/cha...

This Massachusetts law does excuse children who were not "reasonably supported" by their parents when they were a minor.

Are these laws actually enforced? In addition to the one you point out, there's a host of loopholes I see in the bare bones law, "when such parent through misfortune and without fault of his own is destitute".

Yes : http://www.pacourts.us/assets/opinions/Superior/out/A36025_1...

Hmmm, well, I suppose it's a pity my mother's abuses left me poor and not very able to help pay her future out-of-state medical bills....

As I understand it, in the US in general (this area of law is more done at the state than Federal level), unless you take upon yourself the responsibility of taking care of one of your parents, in which case metrics of care come into play, you have absolutely no legal responsibilities to them (separated and/or divorced spouses are a whole nother and much more nasty can of worms).

And those metrics of care most certainly do not include monetary contributions, just seeing that they get medical care, live in habitable lodgings, eat, etc.

Or so is my understanding of Virginia state law, I have a friend who's taken up such a responsibility towards her mother along with another sibling, but her mother generally refuses to keep her appointments with doctors.... My friend is worried about the liability that might arise from this.

burkaman believes otherwise ... but it'll be a cold day in hell before I accept anything WRT my mother like that (https://news.ycombinator.com/item?id=12470409), on the other hand, it wouldn't even need to be enforced by the law if it was my father....

Virginia law is similar to the Massachusetts law in my other comment: http://law.justia.com/codes/virginia/2011/title20/chapter5/2...

You don't have any choice if you are able to support your parents and they are "in necessitous circumstances". However, Virginia is very clear about excusing victims of abuse:

> This section shall not apply if there is substantial evidence of desertion, neglect, abuse or willful failure to support any such child by the father or mother, as the case may be, prior to the child's emancipation or, except as provided hereafter in this section, if a parent is otherwise eligible for and is receiving public assistance or services under a federal or state program.

Hmmm, and what happens if the child is living in another state? (Although in this case it's just on the other side of the Beltway in Maryland.)

My, that law is quite detailed, incorporates quite a bit more into it, and doesn't have the "through misfortune and without fault of his own" loophole.

Yuck. Is it, are any of these seriously and rigorously enforced? Or are they perhaps used for internecine fighting between siblings and/or parents?

ADDED: my home state of Missouri has not such law per ptaipale's citation (https://news.ycombinator.com/item?id=12470488), so that might be why I'm ignorant of the laws of the states that do so. Hmmm, what if you live in one of those no responsibility states and your parent in a responsibility state?

Reply on news.ycombinator.com