Q: Am I obligated to care for my mother who refuses a nursing home and is in failing health?
My mother and I do not get along, and she is refusing to go to a nursing home despite her failing health. I am her only child, and there are no legal agreements for her care. She is of sound mind, but it's becoming too much for me to handle. Social services has suggested I might have to take her in, but I do not want to be responsible for her care. Am I legally obligated to take care of her, given these circumstances?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
You are not legally required to take care of your mother just because you're her only child. In most states, unless there's a court order, guardianship, or signed agreement, adult children are not obligated to provide direct personal care for their parents. Some states do have “filial responsibility” laws, but they are rarely enforced and usually relate to financial support rather than physical caregiving.
Since your mother is of sound mind, she has the right to make decisions about her own care, even if those decisions may not be in her best interest. If she refuses a nursing home, and there’s no legal documentation assigning you responsibility, the choice and consequences fall on her. Social services can offer her resources and evaluate her needs without forcing you to take her in.
It’s okay to acknowledge your limits. This situation is emotionally difficult, and it’s important to remember that your well-being matters too. You can support her from a distance by helping coordinate care or connecting her with community services, but that doesn't mean you have to sacrifice your own life or health.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
