Supporting Your Parents - Is it Your Duty?
January 1, 2009
Gina M. Barry, Esq.
Recently, there have been many news stories about the duty of an adult child to provide support for an aging parent. This support may be in the form of providing personal care or financial support. An adult child could become liable for supporting a parent in several ways, including (1) voluntarily; (2) contractually; (3) being required to return gifts made by the parent to the child, and (4) statutorily.
A voluntary duty to provide care for a parent requires that the adult child take action of their own free will. In most cases, a child voluntarily assumes care of their parent because they believe it is the right thing to do and because they have the means to provide such support. Often, the parent has concerns regarding their privacy or safety, and the only caregiver they will trust is their child. In order to ensure that their parent is well cared for, the child willingly takes on the responsibility of caring for their parent.
Contractual liability also arises from voluntary action on the part of an adult child, although it may occur unwittingly. An adult child may sign hospital admission papers for the parent without noticing the provision where the child agrees to pay the bill. ...
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by: Gina M. Barry
Prime
January 2009
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