@Dana
While this law exists, it probably isn’t relevant. For the state or county to sue for filial responsibility, they have to file in the county where the child lives. Since you don’t live in California, it doesn’t seem enforceable. California also has a law that stops them from seeking reimbursement of welfare expenses for an indigent parent. Welfare and Institutions Code Section 12350
@Dana
This article is about estate and trust laws. You’re misleading people by posting this. You have no obligation to your father if there’s no trust or estate tying you together.
Zion said:
@Dana
This article is about estate and trust laws. You’re misleading people by posting this. You have no obligation to your father if there’s no trust or estate tying you together.
The CA state law isn’t limited to estates or trusts.
Why would you be responsible for him?
Eli said:
Why would you be responsible for him?
California has a law that says you must pay for parental care, even if your parents abused you and you haven’t contacted them for years. No exceptions. They actively pursue people.
@Ash
So if the parent is getting county benefits like food stamps, now the adult child is responsible?
Finnian said:
@Ash
So if the parent is getting county benefits like food stamps, now the adult child is responsible?
The parent would have to sue, and I guarantee it’s not enforceable.
@Ash
Wow, that is REALLY messed up.
@Ash
Many states have filial laws, but most do not enforce them.
There’s not much case law in this area, but the argument could be that he’s committing crimes (like tax fraud) to avoid supporting himself and has the ability to do so. He’s estranged from you due to his behavior. If he tries to sue for support, you could report him to the IRS and California tax department, and to criminal authorities about his illegal activities. If the state sues later, you can argue they didn’t act on his illegal behavior when notified.
Again, it’s a tricky area with little precedent because it usually involves children who can or cannot support themselves, and it’s easier to just write a check than to fight it.
@Mal
Hmm, okay. I’ll keep that in mind.
I’m not sure what you mean. How are you legally tied to him right now? What’s stopping you from ignoring him and anyone who tries to contact you about him?
There are no laws saying you must talk to him or be involved with him, let alone help him financially. You won’t be responsible for his debts when he dies.
You got a lawyer contacting you once? Unless you were subpoenaed, you don’t have to respond or even read the letter. Just return it to sender. You can say, ‘I have no connection or communication with your client. Please remove my information from your records.’
Unless there’s abuse or mistreatment, a restraining order wouldn’t apply.
Are you leaving out important info, like him being legally dependent on you or that you’ve helped him with crimes?
If not, and this is just about not wanting to be responsible for him, then you’re done. You’re not responsible.
@Noel
I’m not. I stopped talking to his family members. I have one cousin I’m loosely in touch with.
Reagan said:
@Noel
I’m not. I stopped talking to his family members. I have one cousin I’m loosely in touch with.
Yeah, you’re good, especially since you don’t live in the same state. If anyone contacts you in the future, I’d suggest ignoring it or telling them you’re estranged and can’t help (finding him, relaying messages, sending info, etc.).
I’m sorry he’s putting you in this position where you have to worry about it. Keep your head up and focus on your life! 
You don’t have any legal obligations to him. Creditors can’t go after you for his actions. What are you worried might happen?
Emerson said:
You don’t have any legal obligations to him. Creditors can’t go after you for his actions. What are you worried might happen?
I’m mainly worried I’ll have to pay for elder care. He doesn’t have a 401k, pension, Social Security, or anything.
@Reagan
That’s not your problem. They can’t force you to pay for anything.
Emerson said:
@Reagan
That’s not your problem. They can’t force you to pay for anything.
Thanks!