Many people who don’t have legal backgrounds may be surprised that some states have special laws regarding adult children’s support of their elderly, indigent parents. Known as filial responsibility laws, they require adults with sufficient means to support their indigent parents (and sometimes other relatives).
The origin of these laws dates back to the Elizabethan Era’s Poor Law of 1601 — an early attempt by a government institution to address the welfare of the impoverished among them. Now, only 26 states have filial responsibility laws.
Is Arkansas one of the states?
The answer is yes and no. Among the states still carrying these laws on their books, Arkansas is unique. While many of the other states’ filial responsibility laws require the physical support and provision of basic necessities of life, Arkansas law limits the adult children’s responsibilities to paying only for mental treatments parents or other dependent relatives might need. Such treatments also must not be affordable for the patient or covered by their insurance policy.
Could you face such a legal obligation?
It’s possible. People sue and get sued for all sorts of reasons. Whether the plaintiff succeeds or not depends greatly on the defendant’s response to the petition seeking support. Maybe the defendants are just learning there is a need and agree that they can provide the relief their family member seeks.
But these types of claims can also arise from estrangements among parties where at least one has chosen to go no-contact. There may be quite valid reasons why a child or other relative chooses to avoid this request. Learning more about your legal rights and responsibilities is always advisable in similar situations.