Mrs. An has a son and three daughters, who have worked hard for half her life, and should have enjoyed her old age in peace, but her son died of illness and her husband died soon after. So the old lady lived alone in the countryside, and her three daughters came to take care of her when needed.
In the past ten years, the old lady is already in her eighties, and her physical condition is not as good as before, she is unable to take care of herself, and her meager monthly income is difficult to meet her current needs in life and medical treatment. The three daughters are also in their sixties and seventies, and they are not in good health and are unable to take care of the old lady.
Xiao Lin is the only grandson of the old lady, and based on the situation that no one is convenient to take care of now, the old lady contacted Xiao Lin many times, hoping that he would fulfill his obligation to support his grandmother, but Xiao Lin did not respond. Therefore, the old lady sued Xiaolin and her three daughters to the court, demanding that the four of them bear alimony and visit them regularly.
It is the legal obligation of children to support their parents, so is there a legal basis for requiring grandchildren to do so? Can the old lady's claim be upheld by the court?
1. What are the conditions under which grandchildren need to fulfill their maintenance obligations to their grandparents?
Grandparents and grandchildren are direct blood relatives of the next generation, and they are also the closest direct blood relatives other than paternity. Although grandchildren are different from parent-child relationships and do not have a statutory obligation to raise and support them, the law stipulates that grandchildren and grandchildren still need to fulfill their obligations of support to their grandparents when the following conditions are met.
1) Grandparents need to be supported.
2) The grandparent's child is deceased or the child is unable to support him.
3) Grandchildren and grandchildren can afford it.
2. What are the obligations of grandchildren to support their grandparents?
Article 14 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly stipulates that the supporter shall fulfill the obligation of support from three aspects: economic support, life care, and spiritual comfort, and take care of the special needs of the elderly.
However, many people understand that maintenance only stays at the level of giving alimony, and thinks that it is to give some money to fulfill the obligation, but they do not know that life care and spiritual companionship are the "maintenance" that the elderly hope to get the most.
The case of Mrs. An and Xiaolin has met the requirements for the grandson to support his grandmother, and the court has also supported the old lady's claim. After some court education and post-court mediation, Kobayashi and his family resolved the conflict, and in addition to bearing the monthly maintenance expenses, he would also visit his grandmother regularly, and the family regained family bonding. Respecting the elderly and caring for the young is our traditional virtue, and it is our responsibility as younger generations to support the elderly. Even if there is no legal obligation to support our grandchildren, we can take the initiative to take care of the elders in our families, carry forward the traditional virtues, and pass on the good family customs.