Duties of Adult Children to Support Elder Parents
Nearly half of the generation known as “baby boomers” have already reached the societal age of retirement. Already, we are beginning to see the burden this is placing on retirement programs, but as the years go on, that weight will increase tenfold. For those who are not lucky enough to be among the wealthy, it is likely their needs will exceed the resources available to them through Social Security, Medicare, and Medicaid.
This effect will lead adult children to provide more support to their aging parents — not out of moral obligations, but legal ones. The law of what an adult child is obligated to do varies between states, so this outline serves as a general guideline. Look to your own state’s laws to learn more about the specifics of your area.
Some State Requirements for the Support of Parents
In some areas, such as the state of Delaware, laws require children to support their parents if they are unable to do so themselves. The state of Indiana, however, widens the umbrella even more. Citizens of Indiana must provide for any individual whose father or mother provided them with necessities (food, shelter, etc.) until the age of sixteen. Based on the adult’s property and earning’s the individual must provide their parents with these same, basic necessities.
If adults do not provide the support laid out by their state’s laws, action can be filed against them. Any of these officials can file for action: director of the county office of family and children, and the township trustee where the parents live, the state division of family and children, and the prosecuting attorney of the judicial circuit.
Duties Under Elder Abuse Laws
The Illinois law that criminalizes elder abuse and neglect states that any failure of a caregiver provide their elderly ward with the necessary resources to “preserve the life and health” constitutes as abuse. The caregiver is defined as the adult who is the primary caregiver of the vulnerable adult, which could be anyone from adult children or nurses and other employees that have been trusted with the health of the adult.
Remember, elder abuse laws state that it is crucial the primary caregiver reporters elder abuse the moment they are aware of it. Failure to report can result in fines and misdemeanor charges.
“Don’t wait to report elder abuse,” Brandon Bell of St. Louis Missouri says. “The longer you wait for evidence, the more damage could be done. It is important to protect our loved ones the same way they protected us.”
That being said, the duty to report extends to any person in many states. Anyone who suspects elder abuse should report it, even if they are no longer considered that elder’s “caregiver.” It is our duties as citizens of America to make sure each and every one of us is healthy and safe.
