In recent days, the case of the biological father of the show host has become known Ethel Well, Jorge Pozo, who appeared and has asked his first-born for help because he would be sick and abandoned.
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In this regard, Correo spoke with the lawyer Max Jason Vargas Calderón, associated with the Galvez Monteagudo law firm, so that he could explain to us the limits for caring for parents when they are elderly and find themselves in the aforementioned situation, as well as what legal possibility exists that they could receive a pension or financial assistance.
“There is no limit to the provision of food in favor of parents. The Civil Code establishes that it will always be obliged to provide food when there is a state of need duly accredited by the person who must receive it, “explained the lawyer.
Likewise, it pointed out that the Law of the Elderly Person, Law No. 30490, establishes that the family in general, which includes children, have the obligation to ensure their physical, mental and emotional integrity, as well as to satisfy their basic needs. housing, health, food, recreation and security.
“Even when the father has not provided food at the time, the children would be obliged to provide it if he proves that he is in a state of need,” Vargas Calderón said.
He added that, like all alimony, two factors are used for its calculation: the economic capacity of the person obliged to provide it -the child or children- and the needs that the person who is going to receive them -the father- can prove.
“The Penal Code regulates the crime of omission food obligation, by which a person who was obliged to provide food by virtue of a judicial resolution is criminally sanctioned. Even, the penalty to be imposed could reach 6 years of deprivation of liberty if the death of the beneficiary of the food occurs as a result of the omission, ”he details.
He added that, in this case, he would be obliged to pay food “only if it is shown that the retirement pension is not enough to cover all the needs of the father.”
