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Can I sue my sibling for not helping me care for my parents?

8 answers | Last updated: Oct 13, 2014
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Q
An anonymous caregiver asked...
Is there anyway I can bring suit against my sister, who has estranged herself from the family and left me with 24/7 care of my 90 and 92 yr old parents? I am struggling to care for them at this point. I am using local resources to try to get some help. Thank you for response.
 

Answers
Caring.com User - Kay Paggi
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Kay Paggi, GCM, LPC, CGC, MA, is in private practice as a geriatric care manager and is on the advisory board for the Emeritus...
33% helpful
answered...

There is no legal obligation to provide care for your parents. That is true for you, too. You do not have to care for them. It will help you be See also:
Family Conflict

See all 839 questions about Common Family Conflicts
less resentful if you recognize that you are doing this because you CHOOSE to do it.

You may feel that there is no other option, but there is. You can walk away, same as your sister. She will have to live with the consequences of her decision in the years to come. She also will live with the results of your decision to provide care.

Not only can you choose whether or not to provide care, you can also choose what kind of care, and decide what your limits are. You can decide to go with them to medical appointments, or not. You can decide to cook for them, or not. Any assistance they have from you is more than they would have if you opt out.

My suggestion is that you do what you can without threatening your future memories and self esteem. Good luck - it's not easy, bu often it is worth the effort.

 

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100% helpful
Jeneration answered...

I already knew the answer, guess I was having a "bad" day that day. I have been full time caregiver for my folks for 3 yrs now ... My Father passed away a month ago, but my 93 yr old Mom is doing very well following a bout of pneumonia ... I have no intention of walking away ... forget how I would feel and MY memories ... I want to help her preserve hers :)

She may be 93, frail and physically challenged but she's still one sharp cookie!

 

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80% helpful
An anonymous caregiver answered...

My Mom has AD. I am her caregiver. I get little help or support from my sister who lives locally. She brings her a fast food dinner about three times a month. That is it. Absolutely no help comes from my brother. He lives about an hour away but he travels through here at least once a week. On a good month he might spend a total of an hour with Mom. The only thing he has done since my Mother's diagnosis was to try to get her to change her will and POA, making himself executor and giving himself POA for finances and medical. Luckily, Mom did not understand the documents and would not sign them. She received a bill for $600+ from the lawyer my brother hired to rewrite the documents, which she ended up paying.

My brother refuses to speak to me or respond to emails. My sister has taken my brother's side and has become very cold towards me. They say I turned our mother against my brother.

I was made POA and executor for both parents more than 15 years ago and before my Dad passed away. I now consider myself an only child and act accordingly. (Although I still notify both of my siblings of important changes, etc.) I have come to realize that neither my brother nor sister REALLY CARE about Mom's well being or what happens to her. Examples to back up my assumption: Last summer my sister asked why I was doing yard work for Mom. I told her that if I didn't do it Mom would and I didn't want her to get hurt. She had already fallen twice in 6 months and has severe osteoporosis. Sis responded with, "Let her fall; she will then learn not to do the work." SHOCKING!!! There are many examples, over the more than 40 years that my brother has been an adult, showing his lack of caring, besides his infrequent visits. On one visit after Dad died, when Mom asked him for help with some minor carpentry work, he told her to do it herself.

I feel so lucky to be able to care for my mom and believe that everyday I spend with her is a blessing. Knowing this helps me to not allow resentment of my siblings to occupy much of my thoughts. Their attitudes are accepted as part of my Mother's and my reality.

Thanks for letting me vent. I will not identify myself as I think my sister actually sometimes reads caring.com.

 

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An anonymous caregiver answered...

ASTOUNDING that you can sue for defamation of character should an estranged sibling slander you but a parent cannot sue their adult child for profound neglect of them. America sucks. Let that speak to everyone's conscious. I say this having looked after my mentally ill and frail mother (who lost custody of me to the state years and years ago) without a blink or a lick of help of any kind. It came to me either taking my own life or fleeing. I fled.

I read here a profoundly fortunate bunch to nice it up by saying you must have been having a bad day to make such an inquiry. I say: keep having a bad day until you get the answer you need.

This has to be argued in the supreme court. Has to.

 

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An anonymous caregiver answered...

There are filial responsibility laws in about 29 states in the USA which define financial responsibility for adult family members, mostly who are indigent. In some states, i.e. Pennsylvania those laws aren't limited to adult family that receive public support. Check online or with an elder attorney to see what the laws are in your state.

 

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An anonymous caregiver answered...

In the end, you want good memories of your elderly loved one. The crap can hit the fan at any point. People are selfish, will let you do all the work, and that's who they are. You see your parent with all their health problems, and you help them to best of your ability. Your siblings might not ever understand the depth of your commitment, but it's not about them. It's about your parent. If it were yourself who was elderly and frail, would you really want to deal with the humiliation of one kid helping, and the other one not? Just know you may never get any recognition or anything other than a simple "thank you". It's not our feelings or our words that count in this life, it's what we DO.

 

ginabea answered...

I was and remain interested in the answers to this question. Like everyone's situation, mine is complicated by estrangement of my older and only sister. Another fire on the iron is that my mother was proven unfit years ago now to parent. I have spent a great deal of time, work, heartbreak (repeated reminders of real neglect) spinning plates, making sure she is receiving care, making sure she falls in line to qualify for some assistance (she is in her mid 70's with the start of Parkinson's). I moved out of state two years ago and I still see her twice a year, working my tail off bringing her personal aids and case worker and everyone to the table to review and improve.

I would love the supreme court to address this. Am I just more human than my older sister? Or am I a fool to care for a woman who could not care for me? Am I required to care for her? Really?

 

100% helpful
D... answered...

I also have a sister who does absolutely nothing to help her elderly frail disabled mother. I take care of my mother financially and emotionally and it is very stressful for me.

I am angry at my sister for not caring and helping, even if only a small amount for my sake. I decided to let the relationship with her go permanently, because when someone is selfish they don't deserve our presence in their life anymore.

My advice to anyone who is also going through this pain, is to remember that some people are their own punishment in life.

When parents pass away, the children who have not helped and turned their back on their parents, they will suffer for the rest of their life knowing they treated their parent like dirt. They will have no peace. That will be their karma.

 

 
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