What is Filial Responsibility? (Fam. Code § 4400)

It seems logical that a parent has a legal and moral duty to care for their children, but is there an inverse duty? Filial responsibility is the responsibility for a child to take care of their parents. This is important if you have a parent in need of support because failing to provide help may open you up to legal liability. Because it is a duty that means the adult child is likely not able to get compensation for the support they provide.

When would a child have filial responsibility?

Under California’s Family Code section 4400, adult children have a responsibility to take care of their parents if their parent(s) is infirm or indigent. This means the child, to their ability, supports their parent who is unable to work, disabled, or in need of care in some way. The California Legislature leaned heavily on historical understandings of family laid out in existing case law to develop the statute. (Swoap v. Superior Court (1973) 10 Cal.3d 490, 502-503.) While the Legislature found filial responsibility to be a duty that is deeply rooted and thus protectable by law, they have applied limits. Factors have been laid out for courts to determine whether an adult child is legally responsible for supporting their parent. (Fam. Code § 4404.) Courts, for both the parent and child, look at the earning capacity and needs, their obligations and assets, age and health, standard of living, and other factors the court deems just and equitable. So, just because there is a legally recognized duty for an adult child to care for their parent, that duty is not required by law in all situations.

What does filial responsibility look like in a legal context?

Where a child promises to provide support to their parent, that promise is legally binding, even if it is not in writing. (Huntoon v. Powell (1928) 88 Cal.App. 657, 658.)That parent can seek to enforce that promise to provide support which allows for more remedies to enforce that promise. If a child does not carry out their filial responsibility where the court finds they would have been able to, they will be found guilty of a misdemeanor. (Penal Code § 270c.) This means the adult child did not provide necessary food, clothing, shelter, or medical attendance for their parent. This type of action could also be brought in addition to or instead of an action for elder financial abuse. (Prob. Code § 850.)

What are the limits on filial responsibility?

While filial responsibility can open an adult child up to legal liability this liability is not unlimited. Only two groups of people can bring an action for filial responsibility (1) the county attempting to recoup support payments made by the county’s agencies to a parent who has a child that could have otherwise been supporting their parent and (2) a parent seeking support from their child. (Fam. Code § 4403.) 

A fiduciary, like a conservator, can and likely would bring an action on behalf of the parent depending on the parent’s capacity. The county can only seek repayment where it provided aid about the required level as set out in welfare law. (Welfare and Institutions Code section 2000 et seq.) The court in these instances can award attorney’s fees to the county which adds another burden to the child who fails or refuses to carry out their filial responsibility. (Fam. Code § 4403(c).) 

Alternatively, just because an adult child has a filial responsibility does not mean they cannot seek compensation either. For example, a child could sue a parent’s estate for services rendered over 20 years because an implied contract was created by the parent’s intention to pay, and the child expected to be compensated. (Winder v. Winder (1941) 18 Cal.2d 123, 128.) Similarly, even where a child took care of her mother as required by filial duty still counted as a burden and responsibility that child could adequately be compensated for by getting the property. (Broaddus v. Monroe (1910) 13 Cal.App. 464, 471.)

Is this duty only extended to parents and children?

While filial responsibility between a parent and child is established in California law, case law also indicates it can be extended to other family members. For example, two sisters sued the estate of their deceased sister for the value of the care services they provided to her. In these cases, the court will always recognize that the presumption that services were performed gratuitously, so there needs to be a showing of an expectation by both parties for compensation. (Collier v. Landram (1945) 67 Cal.App.2d 752, 757-758.) Filial responsibility can extend to other blood related close family members, but the limits on the responsibility extend as well.

What are some examples of filial responsibility?

For example, Julie has an adult son Shawn. Julie becomes unable to care for herself or work and needs Shawn’s support. Shawn has a duty to provide support, likely financially, to Julie as permitted by his income and circumstances. If Shawn did not want to support his mother when he was financially able to, Julie or her estate could bring an action against Shawn for not paying. Because Shawn has a duty to support his mother, he would not be able to sue her or her estate for compensation. However, if Shawn and Julie could show they agreed for him to be compensated, Shawn might have an action for the support he provided. For example, if Julie wanted to page her son back or wanted him to get her house upon her death as a thank you that could be enforced by the court.

If Julie was getting a higher level of welfare aid than she was due where Shawn was otherwise able to provide, the county they were in could sue Shawn. This would rarely happen but would be more likely if the reason Julie was getting increased distribution was because Shawn was living with her.

If Shawn was married, he could use the joint income from him and his wife to support Julie with. If his wife was upset with him and took that dispute to court, the court would find it was okay. (In re Marriage of Leni (2006) 144 Cal.App.4th 1087, 1096–1097.) Shawn had the legal obligation to support Julie. His expenditures would be a proper use of their shared income.

Conclusion

Filial responsibility is an important legal duty to be aware of if your parent becomes infirm or if you begin to care for a close family member. While this is a legal duty it does not bar your right to recovery if you had a prior agreement with that family member. 

If you had a legitimate agreement with them, you may still be able to collect what they promised you whether that was monetary payment or real property. If getting this property causes a dispute with other family members you may need to start a partition action. At Underwood Law, our partition attorneys can help you navigate your partition action efficiently and with care. We are here to help.