Filial Friday: “Updating Connecticut’s Filial Responsibility Statutes”
Quinnipiac Law Student Katherine C. Clark has recently published a note titled “Duty to Reform: Updating Connecticut’s Filial Responsibility Statutes,” in the Quinnipiac Probate Law Journal (Vol. 29, page 45, 2015).
The author argues for repeal of Connecticut’s criminal law and modifications of the state’s civil laws regarding filial obligations, arguing in part that:
Connecticut should define indigence to include only those elderly people receiving state assistance, and those whose total income falls below a certain amount. This limited definition ensures that those elderly people who have a legitimate need for assistance would have their needs met.
Additionally, using those two benchmarks could limit any sort of fraudulent claims. It is relatively easy to determine if a party receives state assistance, so that verification is not overly burdensome. However, by also taking into account the total income, parents who are not recipients of state assistance, but who still have unfulfilled needs, may still gain access to the care they need. Another important consideration is determining at what age parents are entitled to protection. Setting a specific age, such as 65, would make it clear when the statutory obligation begins.
The full article currently appears available only through a paid service, such as Lexis.
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