I have a foolish brother who is 60 years old and both parents are dead, do I have the obligation to

According to the provisions of the State, children have the obligation to support their parents. As a brother, there is no obligation to support an older brother. But since my brother is a fool, it's quite pitiful. In his case, rural areas can apply for the Five Guarantees Household.

Urban residents can apply for subsistence allowance in the community. You can consult with the community to see if you can send him to a welfare home.

to take care of it.

Your obligation to support is your parents, not your brother. However, your brother is also your relative, and if you have the conditions, you should still help, after all, it is a family, and you can also turn to the civil affairs department to get help.

According to the provisions of the law, if your brother does not have a wife and children, then his parents are his guardians, and after the death of his parents, you are naturally his guardians, but you have no obligation to raise them, you can report to the civil affairs department to handle the five guarantees, and you can visit and take care of it.

The law does not stipulate that you must support your brother, but I think you will not ignore your brother, but your current ability is limited, it is recommended that you go to the local neighborhood committee to apply for a subsistence allowance for your brother, if you are also difficult, you can also apply for a subsistence allowance! (You can check the conditions for eating subsistence allowance on the Internet or ask the staff of the neighborhood committee)!

If your brother is alone, of course you have the obligation to support him, but now there are a lot of state subsidies for people with disabilities, and you can also apply for the subsistence allowance with him, which is still a good thing for you.

Although you have no obligation to support your brother, he is your brother after all, and you should take care of him when your parents are gone.

Are you asking legal or moral? If you ask directly about the law, then you might as well just say that you can abandon them and ignore them, and if you ask about morality, then you don't need to ask, then you must take care of them.

There must be an obligation to support him, you are his timely and clear.

There is a good saying, the eldest brother is like a father, and now that the parents are gone, then the responsibility of taking care of the stupid brother will fall on your head, this is your responsibility, and you can't give up the family affection that blood is thicker than water.

Hello, two brothers, my brother is a fool, because he is a fool and someone else to take care of, the old man dies and the brother is not able to support his parents, if he is a healthy person and has the ability to support his parents, this is responsible, since the elder brother is a fool, he can't even take care of himself, he can't take care of his parents, as a brother, he can only take care of his parents. Legally, children who are parents have the obligation to support their parents, but the elder brother cannot fulfill his obligations, because he is a fool and has to be taken care of by others, so he can't do it, and the younger brother can only support the elderly.

The elder brother of the two brothers is a fool, that is, there is a problem with IQ, the old man has died, that is, their parents have died, and the law stipulates that the younger brother has the responsibility to support the elder brother, this law should have provisions, even if there are no hard and fast rules, but from the perspective of family relations, the younger brother should also take care of it, at least let the elder brother have no worries about food and clothing, so that the parents can rest assured.

First, the law does not stipulate the obligation of the younger brother to support the elder brother, but morality has the obligation to help the elder brother.

Second, the legal heir brother has the same inheritance rights, but the elder brother is a fool, and the law also stipulates that the sick heir has the right to multiple inheritance shares.

The younger brother has the responsibility of supporting the stupid elder brother, and the maintenance is the support of the younger generation to the elders. But the younger brother has the responsibility to take care of and help the stupid brother, and when the old man dies, the younger brother becomes the guardian of the stupid brother.

There are two brothers, and after the death of the old man, the property is distributed according to the person, and the first person to inherit is the elder brother. If the younger brother inherits the old man's inheritance, then the younger brother should be responsible for supporting the elder brother. This is not only law, but also morality.

There are two brothers, if the elder brother is a fool, then the state has regulations after the death of the old man, and the younger brother needs to support the elder brother or send the elder brother to a nursing home, and it is no problem to join the five guarantees.

I think the two brothers, the elder brother is a fool, after the death of the old man, the younger brother supports the elder brother, even if the legal level is put aside, it should be reasonable from the perspective of human nature, and the reason why the old man let the younger brother be born again is also so that the younger brother can take care of the elder brother in the future.

Seriously, the law does not stipulate that the younger brother must support the elder brother, but in terms of human feelings, the support of the child, after all, she is your relative.

Responsible because you are an immediate family member. Ah, you two are related by blood. Well, my parents don't have it, and my brother is still like my parents, well, we should continue. Take care of her.

In this case, there is no need for the law to be prescribed by law, and from the perspective of family affection and morality, the younger brother must take care of the elder brother

According to Article 1075 of the Civil Code of the People's Republic of China, an older brother or sister who can afford it has the obligation to support a minor brother or sister whose parents have died or whose parents are unable to support them.

Let's not talk about whether the law stipulates that the younger brother should support the stupid brother, let's just say whether the younger brother has the heart to take care of the stupid brother after the death of his parents, if the younger brother has the heart to take care of the stupid brother, then now the state will give the disabled a certain minimum living guarantee. Therefore, the elder brother will not bring much financial burden to the younger brother. Of course, if the younger brother really doesn't want to take care of the stupid brother, you can hand the stupid brother over to the local ** rescue agency, and I believe that ** will take care of the stupid brother.

If the younger brother is the only relative and guardian, it is the responsibility to support the elder brother.

The eldest brother and father know this truth, although the brother and sister-in-law are gone, you can take care of your brother, you are responsible, if you don't want to support your brother, you can't do it, if you feel a little affection, I believe you will definitely support your brother.

Under current law, the family of a disabled person has the obligation and responsibility to guardian him/her. Specifically, you help your brother go to the relevant departments to apply for assistance, and the society will take care of your brother.

Summary. The legal obligation of maintenance exists only between immediate family members, such as parents and children, grandparents and grandchildren, and then adoptive parents and adoptive children. There is no legal obligation to support uncles and nephews, nieces and nephews.

If the following 3 items are met, the nephew can still support the uncle:

1. If the uncle has no other supporters, and he has no ability to ensure his own life.

3. If the nephew has the financial ability and is willing to support him.

Adoption is a legal act, through which a fictitious blood relationship can be established between persons who are not originally related by blood, and after the adoption relationship is legally established, the provisions on the maintenance and upbringing between biological parents and children shall apply between the adopter and the adoptee. That is, the adoptive parents have the obligation to support the adoptive child, and when the adoptive parents are old, as an adult and financially capable adoptive child, they are also required to fulfill the obligation to support the adoptive parents. In addition, adoptive parents and adoptive children have mutual rights to inherit property.

According to Article 13 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly, the elderly care is based on the home, and family members should respect, care for and take care of the elderly.

Rights and Interests of the Elderly in the People's Republic

Is the younger brother mentally retarded and the 60-year-old brother obliged to support.

The legal obligation of maintenance exists only between immediate family members, such as parents and children, grandparents and grandchildren, and then adoptive parents and adoptive children. Between uncles and nephews, nieces and nephews, there is no legal obligation to support. If the following 3 items are met, the nephew can still support the uncle:

1. If the uncle has no other supporters and is unable to ensure his own livelihood 2. If the uncle helped the nephew grow up when he was young, 3. If the nephew has the financial ability and is willing to support the adoption, it is a legal act, through which a fictitious blood relationship can be established between people who are not related by blood, and after the adoption relationship is legally established, the provisions on the maintenance and upbringing between biological parents and children shall apply between the adopter and the adoptee. That is, the adoptive parents have the obligation to support the adoptive child, and when the adoptive parents are old, as an adult and financially capable adoptive child, they are also required to fulfill the obligation to support the adoptive parents. In addition, adoptive parents and adoptive children have mutual rights to inherit property.

According to Article 13 of the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly, the elderly should be provided for at home on a home-based basis, and the members of the family shall respect, care for and take care of the elderly. Rights and Interests of the Elderly in the People's Republic

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No! But it is a human virtue to help the weak, and besides, he is a brother, and if you have the ability to take care of him, you can take care of him as his guardian. His daily living expenses can apply for social security from the local ** civil affairs agency.

If you are not capable, you can negotiate with the neighborhood committee or the village committee and the civil affairs bureau to go to the welfare home.

There is an obligation to support the elder brother, and the maintenance cannot be used between the peers, and the maintenance generally refers to the elders.

Legal basis: General Provisions of the Civil LawArticle 28.

Adults who lack or have limited capacity for civil conduct are to serve as guardians in the following persons with guardianship capacity in order: (1) spouses; (2) Parents and children; (3) Other close relatives; (4) Other individuals or organizations willing to serve as guardians, but with the consent of the residents' committee, villagers' committee, or civil affairs department for the ward's domicile.

Is there such an obligation? Let's not talk about it, I think as long as you have the ability, you still have to support your stupid brother, you are born to a mother, even if you support him for your parents, if you don't have this ability, then there is no way, then let him go to a nursing home, he is also a lonely old man, ** has the obligation to raise him.

It should be reasonable.

Supplementary information: Article 29 of China's Marriage Law stipulates that an older brother or sister who can afford it has the obligation to support a minor brother or sister whose parents have died or whose parents are unable to support them. Younger brothers and sisters who are raised by older brothers and sisters who can afford to support them have the obligation to support their brothers and sisters who lack the ability to work and lack of livelihood. From this provision, it can be seen that neither the obligation of the elder brother or sister to support the younger brother or sister, nor the obligation of the younger brother or sister to support the elder brother or sister, is absolute, but conditional.

There are three conditions for an older brother or sister to have an obligation to support a younger brother or sister:

1) The elder brother or sister should be able to afford it, and if the elder brother or sister is unable to maintain their own livelihood, or is only able to ensure their basic living needs, then they do not have a legal obligation to support the younger brother or sister;

2) If the parents have died or the parents are unable to support them, if the parents are able to support them, the brother or sister does not have the legal obligation to support the younger brother or sister;

3) If the younger brother or sister is not yet a minor, if the younger brother or sister has reached the age of 18, even if the younger brother or sister is unable to support themselves, the brother or sister has no obligation to support them.

The above three conditions should be met at the same time, otherwise the obligation of the brother and sister to support the younger brother and sister cannot be established.

After all, they are brothers, blood is thicker than water, and they have obligations in both affection and reason.

According to the problem description, it is a civil family aspect that is involved.

According to article 26 of the Civil Code, adult children have the obligation to support, support and protect their parents. Article 1067 stipulates that parents who do not fulfill their obligation to support their adult children, who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.

According to the description of the problem, if the elderly person is alive, the party who fulfills the obligation of support may file a lawsuit with the people's court as the litigant of the elderly person to demand that the other party pay the maintenance expenses. Now that the old man has passed away and has no basis for rights, he cannot claim alimony from the party who has not fulfilled his or her maintenance obligations, but he can appropriately divide the property when inheriting the property.

Therefore, Xinzhiyuan lawyers suggest that you can ask for an appropriate share of the property when inheriting the property, and if there is a dispute, you can file a lawsuit to resolve it.

Generally, except in special circumstances.

Supporting parents is the responsibility and obligation of children, and it is also the traditional virtue of the Chinese nation. Since the eldest is 60 years old and an old man, it is not necessary to share the standard of supporting his parents equally. Brothers should carry forward the attitude of tolerance, tolerance, humility, friendship and understanding to handle and support their parents well.

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