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Indigent Parents; Interesting....
Topic Started: Nov 27 2006, 08:41 AM (375 Views)
Jolly
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Geaux Tigers!
From the Sacramento Bee:



Editorial: You owe them
Court says take care of your elderly parents
-

All those baby boomers with aging parents should pay close attention to a recent court decision in California. An appeals court ruling in a nasty divorce in Placer County highlights the little known but significant legal obligation of adult children who, to the extent they are able, should support their indigent parents.

In the case before the appeals court, a divorcing wife disputed her husband's right to deduct from the proceeds of her share of community property the $12,000 he had spent to support his elderly, infirm mother. The wife called the support payments "an unauthorized gift of community funds." The trial court commissioner agreed with her. "You know as well as I do," Placer County Commissioner Colleen M. Nichols said in the opinion, "that you're under no legal obligation to pay for your parent's expenses just as you're under no obligation to pay for your child's expenses once they are over the age of 18."

But in a unanimous ruling that is binding on courts across California unless overturned by the state Supreme Court, the 3rd District Court of Appeal emphatically disagreed with Nichols. "Though not commonly known," Associate Justice Vance Raye wrote for a three-judge panel, "California is one of many states that have enacted filial responsibility laws imposing on adult children obligations akin to those imposed on parents with respect to minor children." With the exception of those circumstances where parents were known to have abandoned a child, the justice noted, "neglect of an indigent parent is punishable as a misdemeanor." Penal Code Section 270c specifically provides that "every adult child who, having the ability so to do, fails to provide necessary food, clothing, shelter or medical attendance for an indigent parent, is guilty of a misdemeanor."

Citing that law in the Placer divorce case, the justices ruled that the expenditure of $12,000 for the indigent mother's care was a legitimate debt incurred by the husband during the marriage. He did not have to reimburse his former wife for it.

In an ideal world, neither laws nor courts would be needed to force parents to care for their children or adult children to care for needy parents. We live in a world that is far from ideal, as proved by the parade of disputes in our family courts. If nothing else, the ruling of the 3rd District Court serves as a reminder, if not a warning, that the ties that bind parent to child and child to parent can never be fully severed.


--------------------------------------------------------------------------------
The main obstacle to a stable and just world order is the United States.- George Soros
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Jane D'Oh
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Fulla-Carp
Jolly
Nov 27 2006, 11:41 AM
"every adult child who, having the ability so to do, fails to provide necessary food, clothing, shelter or medical attendance for an indigent parent, is guilty of a misdemeanor."

I wonder how far you are supposed to go? Would you have to remortgage your house to provide medical support for a parent?
Pfft.
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Jolly
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Geaux Tigers!
Jane D'Oh
Nov 27 2006, 10:53 AM
Jolly
Nov 27 2006, 11:41 AM
"every adult child who, having the ability so to do, fails to provide necessary food, clothing, shelter or medical attendance for an indigent parent, is guilty of a misdemeanor."

I wonder how far you are supposed to go? Would you have to remortgage your house to provide medical support for a parent?

Smart lady.

This is exactly where I think this is going....
The main obstacle to a stable and just world order is the United States.- George Soros
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Frank_W
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Resident Misanthrope
How long until the euthanasia arguments begin? God, I swear... Some days, and increasingly more of them, my nation surprises and saddens me. :no:
Anatomy Prof: "The human body has about 20 sq. meters of skin."
Me: "Man, that's a lot of lampshades!"
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Mikhailoh
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If you want trouble, find yourself a redhead
Not long. Just let more of us hit that age.
Once in his life, every man is entitled to fall madly in love with a gorgeous redhead - Lucille Ball
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Horace
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HOLY CARP!!!
It'll only be a potential crime for children of parents who didn't save enough to support themselves through their old age. If the parent can afford to pay for their living expenses, then the gov't won't go looking for the kids. If they can't, the kids are on the hook. But remember, money doesn't matter to happiness. :)

(It's gonna be a horror show in about 30 years when my generation comes to the retirement table after buying all this crap about money not mattering.)
As a good person, I implore you to do as I, a good person, do. Be good. Do NOT be bad. If you see bad, end bad. End it in yourself, and end it in others. By any means necessary, the good must conquer the bad. Good people know this. Do you know this? Are you good?
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Jane D'Oh
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Fulla-Carp
Well, we can always bring back the Workhouses for you :P
Pfft.
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Jolly
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Geaux Tigers!
Quote:
 
It's gonna be a horror show in about 30 years when my generation comes to the retirement table after buying all this crap about money not mattering


:yes:
The main obstacle to a stable and just world order is the United States.- George Soros
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TomK
HOLY CARP!!!
Horace
Nov 27 2006, 01:27 PM
It'll only be a potential crime for children of parents who didn't save enough to support themselves through their old age. If the parent can afford to pay for their living expenses, then the gov't won't go looking for the kids. If they can't, the kids are on the hook. But remember, money doesn't matter to happiness. :)

(It's gonna be a horror show in about 30 years when my generation comes to the retirement table after buying all this crap about money not mattering.)

We should take care of ourselves.

When my father died, 6 months ago at age 97, he lived and died a working man. Worked in a factory all his life, he left each of his kids--all pretty well off, 7 grand each.

Now that's a man.
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Horace
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HOLY CARP!!!
TomK
Nov 27 2006, 10:21 AM
We should take care of ourselves.

When my father died, 6 months ago at age 97, he lived and died a working man. Worked in a factory all his life, he left each of his kids--all pretty well off, 7 grand each.

Now that's a man.

Indeed. It's a shame that physical and mental health don't allow such a graceful exit for so many.
As a good person, I implore you to do as I, a good person, do. Be good. Do NOT be bad. If you see bad, end bad. End it in yourself, and end it in others. By any means necessary, the good must conquer the bad. Good people know this. Do you know this? Are you good?
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David Burton
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Horace
Nov 27 2006, 07:21 PM
Indeed. It's a shame that physical and mental health don't allow such a graceful exit for so many.

Physical health? It may be a matter of genes, it is also a matter of avoiding physical injuries, some of which can shorten your life. Of course some of us take up bad habits which contribute to our diminished health, however as for me and mine, at least on my side of the family, we all live long, have minor physical problems and usually die in our beds when we’re good and old. Had a great grandfather live to 110 and most my great aunts and uncles into their 90's.

Mental health? It may be a matter of what one believes in, or genes too. Same case with me and mine. Nobody lost their marbles in my family, not unless or until they were noticeably so old and – brittle – that everything else was sliding down the same path about evenly.

Life – hard to get into it, harder still to get out of it.

Euthanasia? The only reason it’s of any concern is because longevity has increased so much. As far as I’m concerned, if I developed an incurable disease with horrible consequences, knowing what I know of the afterlife, I might even consider an ingenious method of suicide. Hope I go in the usual way though as I’m really not that brave.
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