While most people are aware that parents have a legal responsibility to support their minor children, few people realize that some states, including Indiana, have laws that impose a legal responsibility on adult children to support their parents under certain circumstances. These laws, commonly referred to as “filial support” laws or “filial responsibility” laws, have existed in various forms for many years and are designed to prevent indigent parents from being left without essential support. Although filial support claims are not commonly litigated, the law remains part of the Indiana Code and can create concerns for families facing long-term care expenses, nursing home costs, or financial hardship involving an aging parent. For that reason, understanding these laws operate is important for both older adults and their adult children. Toward that end, the Indianapolis lawyers at Frank & Kraft help you to understand the Indiana filial support laws.
What Are Filial Support Laws?
Filial support laws are statutes that impose a legal duty on adult children to provide financial support for parents who cannot meet their own basic needs. The concept is rooted in centuries-old legal principles that recognized a family responsibility to care for elderly relatives who lacked sufficient resources. While many states have repealed their filial responsibility statutes, several states, including Indiana, continue to maintain some form of filial support law. These laws are not intended to make adult children responsible for every expense incurred by an aging parent. Instead, they generally apply when a parent is unable to provide for basic necessities and an adult child has the financial ability to contribute toward those needs.
What Does the Indiana Filial Support Law Require?
Under Indiana Code §31-16-17-1, an adult child may be required to contribute to the support of a parent if two conditions are met. First, the parent must have provided the child with necessary food, shelter, clothing, medical attention, and education until the child reached the age of 16 years old. Second, the adult child must be financially able to provide support through his or her own income, earnings, or property. If those conditions exist and the parent is unable to provide necessary food, clothing, shelter, or medical care for himself/herself, the adult child has a legal obligation to contribute to the parent’s support. The statute also extends to burial expenses under certain circumstances. In other words, Indiana law creates a reciprocal obligation. A parent who fulfilled basic parental responsibilities may, under certain circumstances, receive support from an adult child if the parent later becomes financially dependent.
Why Do Filial Support Laws Exist?
Historically, filial support laws developed before modern government assistance programs existed because when elderly individuals became unable to work and lacked financial resources, family members were often viewed as the primary source of support. In time, these laws were created as a way to reduce the burden on developing public assistance systems while ensuring that vulnerable individuals received necessary care. Today, programs such as Social Security, Medicare, Medicaid, veterans’ benefits, and various state assistance programs provide significant support for older adults, reducing the need for filial support laws. Consequently, many states did away with their filial support laws; however, the Indiana statute remains in effect and can still become relevant in certain situations involving impoverished parents or disputes regarding financial responsibility for care.
Does Indiana Law Make Adult Children Responsible for Nursing Home Bills?
Indiana’s filial support statute does not specifically state that adult children automatically become responsible for all nursing home expenses incurred by a parent. Instead, the law creates a general duty to contribute to a parent’s support when the parent cannot provide for basic necessities, and the adult child has the financial means to help. As such, nursing home care, medical expenses, and related long-term care costs could become part of a filial support claim, but just because a parent has incurred these expenses does not been that an adult child is necessarily responsible for paying them. For example, you may have heard about lawsuits in other states where nursing homes have attempted to recover unpaid care costs from adult children. Such a lawsuit is possible under Indiana law, but whether it will result in the court ordering the adult child to financially contribute depends on the specific facts and circumstances. The possibility, however, does underscore the importance of long-term care planning.
Does Every Adult Child Have a Duty to Provide Support?
Indiana’s law does not impose an automatic obligation on every adult child to financially support a parent. Instead, the duty to provide support only arises if the parent is unable to provide necessary support for himself or herself and the adult child is financially capable of contributing. In other words, an adult child who is struggling financially and an adult child with substantial income or assets are not treated the same when evaluating the duty to provide filial support. The law focuses on ability to contribute rather than imposing a uniform obligation on all adult children regardless of financial circumstances.
How Is a Parent’s Need Determined?
Indiana law refers to food, clothing, shelter, and medical attention when describing the support a parent may require, making the central question whether the parent is financially unable to furnish these necessities independently. Clearly, a parent who has adequate income, retirement accounts, savings, or other resources generally would not fall within the category of someone unable to support himself or herself, but the analysis can become more complicated when a parent experiences extensive healthcare expenses, long-term care costs, or other financial hardships that exceed his/her available resources. When that is the case, the focus will be on whether the parent has exhausted available resources and whether other sources of assistance are available.
What Happens If There Are Multiple Children?
Given that many families include multiple adult children with varying financial circumstances, the next concern for many families is often which child is required to provide support. The statute does specify which child must contribute to a parent’s support by saying something as clear as “the oldest child bears the entire responsibility.” Instead, when there is more than one adult child, a court will typically consider the financial abilities of each child when determining support obligations. Not surprisingly, when multiple children are involved, disagreements regarding financial responsibility can sometimes create family conflict that can lead to litigation.
Can a Parent Bring a Legal Action for Support?
The Indiana filial support laws also provide a mechanism for seeking support when an adult child fails to fulfill the statutory obligation. Although these actions are not common, the statute permits a parent to initiate a legal proceeding to enforce the support obligation. Because these cases involve financial information, family relationships, and questions regarding ability to pay, enforcement proceedings can be both emotionally and financially difficult.
Are There Criminal Consequences for Violating the Filial Support Laws?
Along with the civil remedies available under the Indiana filial support laws, an adult child can also face criminal consequences for failing to support a parent. Indiana law makes it a Class A Misdemeanor to knowingly or intentionally fail to provide support for a parent who is unable to support himself or herself. The possibility of both civil and criminal enforcement distinguishes Indiana from some other states that maintain only limited filial support provisions. Although criminal prosecutions are rare, it is important to know that criminal prosecution is possible for violating the filial support laws.
How Does Medicaid Affect Filial Support Obligations?
Many older adults underestimate the financial impact of nursing home care, assisted living services, and in-home care. Even individuals with substantial retirement savings may find that years of long-term care expenses significantly reduce available resources. At some point, a parent’s ability to support himself/herself may diminish to the point where they legitimately need help from an adult child. This, in turn, could result in a violation of the filial support laws.
One way to avoid running afoul of the Indiana filial support laws is to ensure that Medicaid planning is part of a comprehensive estate plan. Medicaid serves as the primary payer for long-term nursing home care for many seniors who meet financial and medical eligibility requirements. Without Medicaid, long-term care expenses can quickly exhaust a parent’s savings and create financial pressure on family members. Because Indiana’s filial support law generally applies when a parent cannot meet basic needs, ensuring that an aging parent has access to available benefits can significantly reduce the likelihood of support-related disputes.
Do You Have Questions about the Indiana Filial Support Laws?
For more information, please join us for an upcoming FREE seminar. If you have questions or concerns about the Indiana filial support laws, contact the experienced Indianapolis elder law lawyers at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.
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