When the Law Says Children Should Help
Quentin looked it up. He stopped, because the answer was not what either of them expected.
Picture a man named Quentin, 66. He is planning a move abroad and has been reading about how other countries treat old age. One evening he told his wife, "Some places write it into law that grown children have to help their parents."
"Ours doesn't," she said.
Quentin looked it up. He stopped, because the answer was not what either of them expected.
Here is what he found, country by country.
| Place | What the law says | What happens if a child does not help |
|---|---|---|
| India (Maintenance and Welfare of Parents and Senior Citizens Act, 2007) | Children must maintain their parents. A tribunal decides. The monthly amount is capped at 10,000 rupees | Payment is due within 30 days of the order. Abandoning a parent can bring up to 3 months in jail, a fine of up to 5,000 rupees, or both |
| Singapore (Maintenance of Parents Act, 1995) | A parent aged 60 or older, or younger with an infirmity, who cannot support themselves adequately may apply to a tribunal for support from their children. A government conciliation step comes first | The tribunal can order a monthly allowance or a lump sum. The Act names no cap. Orders are enforced like other family court support orders |
| China (Law on Protection of the Rights and Interests of the Elderly, in force 2013) | Those who support an older person must provide financial support, daily care and "spiritual comfort." People who live apart should visit or send greetings often | The text lists criticism and education, and public-security or criminal liability if the conduct warrants it. No fixed penalty for not visiting is set |
| Pennsylvania, United States (23 Pa.C.S. 4603) | Relatives, including a child of a person without means, have a responsibility to care for and maintain or financially assist them. A person who lacks the ability is excused | See the case below |
(India: PRS India summary of the Act. China: an English translation site.)
The case below is the surprise. In 2012 a Pennsylvania court decided Health Care and Retirement Corporation v. Pittas. The case was brought by a health care company over a nursing home bill. The court found the son liable for US$92,943.41 of his mother's bill.
Neither Quentin nor his wife expected this. A law firm note says many other states have such laws. The count is a question for a lawyer.
No villain appears in any of these. One way to read such a law is as a way to make sure an older person without means is looked after. A nursing home that goes to court is trying to be paid for care it already gave. A son who is asked to pay may simply not have known the law existed.
"I didn't know that could happen," Quentin said.
"Neither did I," his wife said. "I would like to know what the law says where we plan to live."
You could…
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Ask a lawyer in your state, or in the country you plan to live in, whether a duty to support a parent exists there. A lawyer who works with Americans abroad could confirm how it applies to your family.
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Ask your parents what bills they expect, and whether the family has talked about who might help.
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Find out whether a facility's admission papers ask a family member to sign as responsible for the bill.
What did you learn about the rules in your own state or country that surprised you? Share it here. Someone reading may be about to sign a form.
Figures are estimates for planning, based on public data. Sources: PRS India (2007 Act); Singapore Statutes Online and Ministry of Social and Family Development; Law on Protection of the Rights and Interests of the Elderly (China), English translation; 23 Pa.C.S. section 4603; Health Care and Retirement Corp. v. Pittas, 2012 PA Super 96; Cozen O'Connor (2023).
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