What filial responsibility laws mean for Michiganders

• Does Michigan have a filial responsibility law? No.
• Should Michigan have a filial responsibility law? There are pros and cons.
• Should I care for my parents even though there’s no filial responsibility law requiring me to? It’s up to you. But I’d say it’s worth a try if your parents were even a little good to you.

The moral part of this tricksy dilemma

Scholars Sesha Kethineni and Gowtami Rajendran deconstruct the moral duty of elder care, citing many deep-rooted societal and family values encouraging independent children to care for their dependent parents: Reciprocity, Friendship, Need, Promise, Social Goods (Connection).

But Michigan doesn’t have filial responsibility laws, and some Lawyers say that’s good news.

More good or bad for Michigan?

I am grasping at both perspectives. Michigan’s lack of filial responsibility laws is in line with the independent American spirit. But damn even an old bald eagles gotta fall from the sky some day. Bald eagles live 20-30 years.

I’m saying there are two sides to this coin. There are pros and cons.

For Your Family Members and You

If your parents were crappy to you, then it’s nice the government doesn’t make you care for them in old age.

If your parents were at least a little nice to you, then it’s worth it to consider caring for them in a capacity you’re comfortable with.

For Michigan's Elderly Healthcare System

The problem with Michigan’s healthcare system stems from the problem of human mortality. As care becomes more demanding with age, or with progression of disease. Boy, if we could all go back to being babies and do it again. Bibbity bibbity goo goo.

Michigan is one of a growing number of states without filial responsibility laws. Decades ago, only about 10 states excluded filial responsibility laws, but in 2023 over 25 states have stricken the law.

While Michigan’s elder care system is under such stress, you could imagine how requiring income-earning adults to pay for their parent’s care would take a load of pressure off Michigan’s entire elder care industry. I’m not saying what’s best, I’m just saying that’s a valid hypothetical. In those states which do have do have filial responsibility laws, there might be less pressure on the elder care system.

Compared to Other States

One measure of a state’s ability to deliver good elder care to its senior citizens in need is called “the nursing home inspect”. It looks at each state’s nursing homes and ranks them.

In 2023, Michigan is the second to worst state for deficient nursing homes (percentage of nursing homes with at least one serious deficiency in the past three years).

Poor Minnesota is even worse. Minnesota also does not have filial responsibility laws in effect.

Of the best 5 states with the fewest deficient nursing homes, only 3 of 5 have filial responsibility laws. (Maine and New York do not. New Hampshire, Massachusetts, and Vermont do.)