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Must I Take Care of a Parent That Did not Take Care of Me?

Elderly Woman

The answer is, perhaps.  Under the law, if you have been taking care of your parent or have promised to take care of your parent you are legally required to continue giving your best effort.

Under the California Family Code you cannot leave a helpless, indigent parent home alone. Specifically, the code states that: “Except as otherwise provided by law, an adult child shall, to the extent of his or her ability, support a parent who is in need and unable to maintain himself or herself by work.” Family Code, Section 4400.

Family Code Section 4403 enables the parent or the county to bring an action to enforce the duty of support and recover attorneys’ fees for pursing that action.

Additionally, a criminal action could ensue. California Penal Code, states that it is a misdemeanor to fail to provide necessary food, clothing, shelter, or medical attendance for an indigent parent. (Section 270c).

There are exceptions to these rules. First, if your parent abandoned you for at least two years when you were a child, you may not be required to care for that parent now. Nor would you be liable for supporting your parent if he/she is receiving certain governmental aid. (WIC § 12350)

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