family law

What is the name of your state? Texas, What is the responsibilty of a biological or adopted child to a parent whenever the child reaches the age of majority,and are they required to support that parent if the parent is not able to support themselves.

[Grace_Adler]

As far as I know, children are not obligated by law to support their parents.

[JETX]

"What is the responsibilty of a biological or adopted child to a parent whenever the child reaches the age of majority"
*** There is no obligation on the child to support his/her parent(s).

"and are they required to support that parent if the parent is not able to support themselves."
*** No.

[I AM ALWAYS LIABLE]

My response:

I realize this is a Texas thread; however, in California the "Elder Abuse" laws encompass "abandonment" that causes "physical and mental suffering" as part and parcel of such abuse. In short, a child of elderly parents could be held both Civilly, and Criminally, liable for Elder Abuse in California.

So, you may want to review the Texas "Elder Abuse" laws for a complete response to this thread.

IAAL

[JETX]

With all due respect, I doubt that anything in this thread would meet the level of 'elder abuse'..... in California or Texas.

"Elder abuse" in California appears to fall under 'physical abuse, sexual abuse, or financial exploitation'. As such, I doubt that the issue of obligation to support would meet any of those scenarios.

Nor is it an obligation under the Texas Human Resources Code, §102.003.

I also could not find an obligation to support in a cursory review of the federal 'Older Americans Act' (42 USC 3001 to Section 3058ee).

[I AM ALWAYS LIABLE]

Originally posted by JETX
With all due respect, I doubt that anything in this thread would meet the level of 'elder abuse'..... in California or Texas.

"Elder abuse" in California appears to fall under 'physical abuse, sexual abuse, or financial exploitation'. As such, I doubt that the issue of obligation to support would meet any of those scenarios.

Nor is it an obligation under the Texas Human Resources Code, §102.003.

I also could not find an obligation to support in a cursory review of the federal 'Older Americans Act' (42 USC 3001 to Section 3058ee).

=======================================


My additional response:

JetX, California's Elder abuse law does not just encompass "'physical abuse, sexual abuse, or financial exploitation'.

Here is a brief synopsis of California's Elder Abuse law. You'll notice that "neglect" and "abandonment" are, in fact, parts of the Elder Abuse Act. I could make a strong argument against a child of elderly parents under the Act. Perhaps, the Texas "Act" isn't quite as stringent - - I haven't reviewed it.

California's Elder Abuse and Dependent Adult Civil Protection Act provides protection for elders from financial abuse, physical abuse and neglect. Under the Act, elder abuse is defined as (1) physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment of an elder (anyone 65 or older) which results in physical harm or pain or mental suffering, or (2) a caregiver depriving an elder of goods or services necessary to prevent physical harm or mental suffering. California Welfare and Institutions Code Sections 15610.07.

Financial abuse includes situations where one or both of the following apply: (1) a person, including a caregiver or other trusted person, takes an elder’s money or property for wrongful use, or with intent to defraud; (2) a person gets property from an elder who lacks mental capacity and refuses in bad faith to return the property when the elder or his/her representative requests it. California Welfare and Institutions Code Sections 15610.30(a).

Physical abuse includes assault, battery, unreasonable physical constraint, deprivation of food or water, sexual assault, or inappropriate use of physical or chemical restraints. California Welfare and Institutions Code Sections 15610.63.

Neglect includes failure by a caregiver to provide food, clothing or shelter, to assist in personal hygiene, to provide medical care, to protect the elder from safety hazards, or to prevent malnutrition/dehydration. California Welfare and Institutions Code Sections 15610.57.

As an incentive to enable interested persons to engage attorneys to take up the cause of abused elderly persons, the Legislature specifically authorized the award of attorney's fees and costs in elder abuse cases. California Welfare and Institutions Code Sections 15657.


IAAL

[JETX]

IAAL, I understand the elements of 'elder abuse' as provided by California, Texas and federal, however, I doubt that a childs refusal to give his/her parent(s) $100 when asked would meet the condition of abuse.

The question asked was a relatively simple, is a child "required to support that parent if the parent is not able to support themselves."
And though I believe the refusal or denial to support them would be immoral and a violation of every societal norm, I don't believe it would be considered elder abuse.

[I AM ALWAYS LIABLE]

Originally posted by JETX
IAAL, I understand the elements of 'elder abuse' as provided by California, Texas and federal, however, I doubt that a childs refusal to give his/her parent(s) $100 when asked would meet the condition of abuse.

The question asked was a relatively simple, is a child "required to support that parent if the parent is not able to support themselves."
And though I believe the refusal or denial to support them would be immoral and a violation of every societal norm, I don't believe it would be considered elder abuse.

My response:

I do, in fact, understand the issue.

And I'm saying that if a parent is in need, and a child of that parent is able, I could make an argument against that child for abandonment of the elder parent that results in ". . . treatment of an elder (anyone 65 or older) which results in . . . mental suffering."

IAAL

[JETX]

Okay**************