Can I ask my children to pay for living in a high-end nursing home?
The 88-year-old man lives in a high-end nursing home for about 1,2 yuan per month, and sues his four daughters for payment
In recent years, with the deepening of the aging population, the high-end pension market has developed rapidly, especially in first-tier cities such as Beijing, Shanghai, Guangzhou, Shenzhen and some second-tier cities. However, the cost of high-end pension institutions is much higher than that of ordinary pension institutions, which brings a heavier economic burden to ordinary families. So, can parents ask their children to bear the cost of high-end elderly care institutions?
The Beijing News reporter learned that recently, the Beijing Dongcheng District People's Court heard a case in which a nearly ninety-year-old man sued his four daughters for high alimony in order to live in a high-end pension institution. The court made a separate decision on the elderly's alimony claims after comprehensively considering the elderly's income, assets, and physical condition, the children's willingness to pay, their financial ability, and their support for the elderly.
The court's judgment not only takes into account the balance of interests, but also advocates an appropriate way to provide for the elderly, and conveys a clear value orientation to the society: children have the obligation to support and support the elderly, which not only refers to economic support, but also includes life care and spiritual comfort;
Case
The elderly live in a high-end nursing home and ask their four daughters to pay for it
Ms. Ho is 88 years old and her husband died more than 20 years ago. She has four daughters, all of whom have married their own families, the third daughter is divorced and does not have a good life; the younger daughter has been living abroad for a long time and does not often contact the family; the eldest daughter and the second daughter are also busy with their own lives, and although they can visit and greet each other during the New Year's holidays, they cannot always take care of them. Therefore, most of the time the elderly live alone in a two-bedroom apartment in Chaoyang District, Beijing, and take care of their own food and daily life.
Ms. He has severe osteoporosis, weighing only more than 60 pounds, and her mobility is also a little inconvenient. Her daughters have hired several nannies for her, but they are always unsatisfactory. Later, Ms. He heard that there was a high-end nursing home near Beijing, with a comfortable living environment, medical facilities and professional service staff. After the on-site visit, Ms. He was very satisfied and immediately decided to move in. However, this nursing home is more expensive, with a basic cost of about 12000,<> yuan per month, and a one-time advance payment for one year. Ms. He's savings and pension were not enough, so she found someone to advance money and moved in first.
Subsequently, Ms. Ho asked her four daughters to pay the fees, but was refused. Especially the third daughter and the youngest daughter, not only did they not give money, but they were also emotional and had a bad tone. Ms. He sued her daughters to the court, demanding that they fulfill their maintenance obligations and share the total amount of 144000,3500 yuan in nursing home fees that they have already paid for the one-year period, and continue to pay maintenance according to this standard of <>,<> yuan per person per month in the future.
The eldest daughter and the second daughter said that although they have limited financial means, they will do their best to honor their mother and are willing to contribute. The third daughter said that she is also in her 60s, has no savings, and her retirement pension is basically used to pay rent and living expenses, and she cannot afford the high pension expenses.
The youngest daughter said that she had gone through early retirement when she went abroad, and her monthly pension was only more than 2000,400 yuan, and she had no job abroad, and she had been living with her husband on her daughter, and she could only fulfill her maintenance obligations within her ability, and she could give about <> yuan of alimony every month. She believes that mothers have their own housing, and if they can't take care of themselves, they can hire a nanny or have their daughters take turns to take care of them, rather than going to high-end nursing homes to increase the financial burden on their children. If you have to live, your mother's pension is not low, she also has savings, and she can also rent out the house and use the rent to pay for the nursing home.
After inquiry, the court confirmed that the monthly income of Ms. He and her four daughters was 5547,5.4536 yuan per month, 75,2774.92 yuan per month for the eldest daughter, 7019,2933.54 yuan per month for the second daughter, 5,<> yuan per month for the third daughter, and <>,<>.<> yuan per month for the younger daughter. In addition, Ms. He has more than <>,<> yuan in her bank account. Ms. He said that the savings were to be used to pay for living expenses, and she did not agree to use them to pay for the nursing home.
parlance
Court: The amount of alimony to be paid should match the actual situation
After the trial, the Dongcheng Court held that the focus of the dispute in this case was whether the elderly could ask their children to bear the cost of a high-end nursing home when they could not be taken care of in close proximity.
Article 1067 of the Civil Code of the People's Republic of China stipulates that parents who fail to perform their maintenance obligations and who lack the ability to work or who have difficulties in living have the right to demand alimony from their adult children. When determining the amount of alimony to be paid to the children, the local economic level, the age and physical condition of the dependents, the basic living and medical needs, the income of the dependents, the number of children, the income and working capacity of each child and other relevant factors should be taken into account.
In this case, Ms. He has her own house, a monthly pension of more than 5000,<> yuan, and enjoys medical insurance benefits. However, considering that Ms. He is nearly <> years old and can no longer take care of herself, she does need close care on weekdays, and her four daughters all said that they cannot be accompanied and cared for closely, so even if Ms. He does not live in a high-end nursing home, she still has the actual need to ask a nanny to take care of her.
At the time of the lawsuit, the one-year term of the high-end elderly care service contract signed by Ms. He was nearing the expiration of the term, and since this part of the expenses had already been paid and none of the four daughters had been taken care of during this period, this part of the expenses should be supported as appropriate after deducting the part that Ms. He had the financial ability to pay. With regard to the amount of alimony thereafter, in view of the fact that alimony dispute cases resolve the most basic material needs of the dependents, if the children are able, they should try their best to provide better material conditions for the parents' later life, but the parents should also minimize the financial burden of the children and choose the appropriate way to provide for the elderly when they have the ability. For example, in this case, if Ms. He does not choose to care for the elderly at home, she can consider renting out the house to alleviate the financial pressure on her children. In summary, on the premise of fully considering Ms. He's actual needs, economic situation and alternative options, the court made a discretionary determination of Ms. He's follow-up maintenance expenses based on the children's income and willingness to pay.
After the court's explanation, Ms. He's eldest daughter and second daughter still stated that the mother was willing to pay as much as she claimed, and the court did not object and allowed it. In the end, the court ruled that Ms. He's eldest daughter and second daughter should each bear 35010,3500 yuan for the high-end nursing home expenses that had been incurred, and then pay 20600,800 yuan each for alimony each month, and the third daughter and younger daughter should each bear <>,<> yuan for the high-end nursing home expenses that had been incurred, and then pay <> yuan each per month thereafter.
In its judgment, the court pointed out that honoring one's parents is a traditional virtue of the Chinese nation, and that no matter what the child's financial ability is, he or she should at least respect his or her parents in words and attitudes. Judging from the performance in court and the statements of the parties, the third daughter and the youngest daughter showed little care for their mother, and their attitude towards their mother was indifferent, which should be improved. Ms. Ho is in her 90s, and in addition to financial support, her daughters should be given more companionship and care in life and emotionally.
Judge's tip
With the aging of society, caregivers are also facing an aging trend, in addition, factors such as children going out to work, single-child families, divorce and widowhood also make home care facing challenges. As in the present case, three of the four defendants are over 60 years of age, and such elderly dependents are not uncommon in relevant cases before the courts.
The Civil Code clarifies the obligation of adult children to support their parents, and the evaluation of whether the maintenance obligation is fulfilled in judicial practice needs to consider the maintenance needs and actual expenses of the dependent, and also take into account the daily living standard of the dependent, the local consumption level and the support ability of the person with the obligation to support, etc., to make a specific analysis and judgment on the circumstances of the case, and comprehensively consider it in line with the principle of seeking truth from facts.
Beijing News reporter Mu Hongju