Understanding Florida Filial Responsibility Laws: A Guide for Students and Educators

Abu Dhabi Polytechnic adopts a polymath approach to academic disciplines, creating a cross-disciplinary experience that invites students to explore varied interests in their studies. That approach is echoed by a legal maxim that states that “he who pursues two things at once, modifies neither.” The comment speaks to the individual who divides his or her efforts between two stratospheres, and comes into conflict with the maxim that one cannot serve God and money at the same time.

Focus is important for students who are expected to step into positions of responsibility after completing their studies. Akin to politicians who must rely on forms of politeness when making decisions, students in polytechnic learning environments must understand the gravity of their studies as they are expected to do the same.

Sentences without subject or predicates are an integral part of legalese. The laws governing family obligations in Florida fall within that level of specialization. Most Florida residents already know something about filial responsibility, the doctrine that allows the court to determine who can take custody of the elderly and ill; but few are aware of the wider acceptance of filial responsibility statutes and demands that compel the involvement of family members.

The State of Florida defines its filial responsibility laws as those that assign personal obligations to relative when the individual concerned or elderly is unable to manage his or her own affairs. Florida defines the obligations under the law as those required by section 409.910. Those obligations are for the payment of medical care and support of family members.

The application of filial responsibility laws is a contentious subject that engenders differences of opinion. Some view filial responsibility statutes as a reasonable measure. Some interpret them as a form of “poorhouse law,” and others see them as especially appropriate when the elder in question has exhausted all other channels for financial support.

Historical context is important to filial responsibility laws. Because states enacted different versions of the law in disparate years, some filial responsibility laws in the United States may be more evolved than others. That said, there are no shortage of cases involving Florida filial responsibility laws, and it is important for students to understand the evolution of both the law itself.

Often, Florida’s filial responsibility cases involve businesses in the healthcare field relying on the law to provide a form of debt collection that doesn’t exist anywhere else. There have been instances in which courts have ordered children to pay their parents’ debts; however, Florida arguably has not made the strong connection between filial responsibility and the obligation of care for parents that other states maintain.

Perhaps the most poignant aspect of filial responsibility is the connection that it makes with ethical practice in social care. Considerations of ethics are central in the world of healthcare. Both filial responsibility and ethics are strong in the social caring field, and are often regarded as synonymous.

Today, all caring professions regard themselves as custodians and stakeholders in the process of caring for the elderly. This approach compels social care practitioners and students to consider the potential for caring beyond filial responsibility because the conditions of caring for the elderly overlap with the other aspects of society in which it operates.

The presence of special laws that govern those in the caring profession may be ambiguous, but caring functions through the lens of law. Demographic factors have created a state of flux between the issues of aging and social caring. That means that careers in this field have a great deal of importance, and require a great deal of specialized knowledge.

Every case involving legal history is unique. The law is not universally applicable, and circumstances diverge greatly in different instances. However, studying the law provides students with the opportunity to review specific cases and translate lessons learned into their own experiences. That is how patience, persistence, and personal interpretation of the law contribute to the world around the law’s heart.

It’s easy to view filial responsibility as purely negative. However, there are many examples of states and individuals making the law work in their favor. Students should think of all the possible roles they could play in the situation, and consider the ramifications it would have on a personal level.

Regardless of how a person interprets Florida filial responsibility laws, those who study them can use their interpretations as a step into bigger conversations. Engaging with the world around them, or reading about distant occurrences in the legal realm, helps students understand how those situations relate to their own lives. What the law is and what it could be in the hands of creative policymakers is a matter of perspective.