California is one of the few states which has enacted filial laws. Filial laws place a requirement on adult children to support a parent who is unable support themselves. The filial laws were enacted in 1994 and amended in 2019 in California Family Code Sections 4400-4405. When determining the amount of support to which a parent may be entitled to the court would consider the following factors:
(a) Earning capacity and needs.
(b) Obligations and assets.
(c) Age and health.
(d) Standard of living.
(e) Other factors the court deems just and equitable.
The Family Code also allows certain adult children to request that a court remove the obligation from them of supporting their parent. To obtain an order from the court freeing oneself from the requirement the court must find all of the following factors:
(a) The child was abandoned by the parent when the child was a minor.
(b) The abandonment continued for a period of two or more years before the time the child attained the age of 18 years.
(c) During the period of abandonment the parent was physically and mentally able to provide support for the child.
However, the California Welfare and Institutions Code Section 12350 weakens the filial laws currently in place. This Section states, “No relative shall be held legally liable to support or to contribute to the support of any applicant for or recipient of aid under this chapter.” Additionally, the Section states, “No county or city and county or officer or employee thereof shall threaten any such relative with any legal action against him by or in behalf of the county or city and county or with any penalty whatsoever.”
If you have questions regarding how to assist your aging parents manage their funds to ensure they would be able to support themselves or if you are a parent who would like to ensure you do not burden your children in having to take care of you, please give our office a call where our experienced attorneys can assist you in creating a comprehensive plan to fit your needs.
