Posted on 11/27/2006 7:58:14 AM PST by SmithL
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."
(Excerpt) Read more at sacbee.com ...
What the Ayn Rand crowd has to say?
I child owes his parents more than any employer "owes" a retirement plan or a health plan.
There is no logical reason other than the retention of valued employees as a business decision for employers to be responsible for their retirees.
Family ties, faith, and DEBT of love are the ethical reasons a child owes his parents.
It sounds like Commissioner Colleen needs to start reading the applicable statutes before she issues rulings.
While I don't disagree with the net result, it is yet another example of the Courts making law, when that is the purview of the Legislature.
I also think Baby Boomers get a bad rap. I don't know one of them that isn't voluntarily helping their parents while still paying college tuition for their kids.
My brother and sister predate the Baby Boomer years (born in the early 30's) and if they were supposed to be more generous towards out parents, let's get on record that this Baby Boomer (me) was alone in helping our parents. Some generalizations don't turn out as written.
TNT
What it will eventually lead to is the "quality of life" excuse for euthanisia of the elderly who become too much of a burden. It probably doesn't matter, though; in 15 to 20 years out, Sharia Law will probably have it covered.
I'm a first wave boomer, so are my brother and sister. We paid off mom's mortgage and all her debts and bought her a car after dad died.
It is a sad state of affairs when society needs a court ruling to obligate people to take care of their elderly parents.
Unlike conservatives, I don't speak for other objectivists, that would be insulting.
But this is an easy question, I'd say that one would have a moral obligation to help out their parents but no duty. certainly not one to be enforced by the law.
When you have children, you willingly take that obligation upon yourself, it's not the same however with your parents. I have several great aunts and uncles rights now that I don't speak to because they don't help to take care of their mother, my great-grandmother. They made their choice, I made mine and the law has no business getting involved.
Be careful where this will lead. While the moral obligation is there, once you establish state enforcement, you are going to get state funding. Look what the state pays for that first child-parent period of obligation. So now you will get the obligation/bailout in reverse. The state raises children, now it can ease people into the grave?
well to be fair, the case was part of a divorce where the wife didn't see why her husband's choice to fund his Ma should cut into her share of the assets.
Sorry, but boomers have earned their bad rap with full marks. Not all boomers, of course, but a large enough portion of that group, particularly some with enough financial resources to more than handle the job. Why do you think the nursing home industry is booming?
In the context of this divorce case, I think the third was correct. It was used to calculate alimony.
>>I also think Baby Boomers get a bad rap. I don't know one of them that isn't voluntarily helping their parents while still paying college tuition for their kids. <<
Don't take this personally, but apparently you have a very small circle of acquaintences.
I think the next thing we will see is parent support laws (just like child support).
Isn't the Nanny State great :)
" 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."
The court was not making law in this instance. Apparently you missed the last sentence.
This is where the morals of society can put pressure on people to act without the enforcement of government.
That said, it is a very complicated matter when you had no power over anything for the first 18years of the relationship...and then not much for the next 40years either as bad and very bad choices are made.....and then BANG! -- you are stuck with the tab to deal with all the consequences until the person dies. This will boost support for awful things like euthanasia unless humans can stop being human.
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