Older people and filial support laws

Modern efforts to mandate familial support for needy parents have problematic, historical roots, often reflecting laudable goals but centuries of uneven attempts to enforce similar laws, such as the Poor Laws of Elizabethan England. After more than 400 years, a fundamental question still resonates: when an individual’s personal savings are inadequate, should the public or the family be expected to fund that older person’s living expenses, especially for long-term care? But is that the right question? Most care is provided by family members on a voluntary basis. Older adults rarely seek ‘compelled’ filial support. The older person who is the theoretical beneficiary of compelled filial support may lose the dignity of choosing how to live, while still experiencing the risk of loneliness and impaired relationships. This chapter examines filial support laws in the context of modern challenges associated with the care of older people, with a focus on the United States, Germany and China.