FAQ on Maintenance and Welfare of Parents and Senior Citizens (Amendment) Bill

I have been blogging my viewpoints and observations "Aging and caregiving in India" during the past couple of years. 

In the previous post, I introduced the Maintenance and Welfare of Parents and Senior Citizens Amendment Bill, and it is anticipated that the bill will soon be passed into law.  This is a great and timely move for a society that is undergoing changes.The earlier support systems enjoyed by elders in joint families are slowly giving way to nuclear families with a free-for-all. While Indian baby-boomers are aging, nuclear families are torn between caring for elders and supporting themselves and the next generation. 

shutterstock

Here are a few Frequently Asked Questions (FAQ) on the topic of elders and elder care in India that the articles in media seem to be highlighting 

Question: The Bill proposes the registration and maintenance of minimum standards of senior citizens' care homes. How will this work?

Standardizing the registration and maintenance of senior care homes will certainly help families considering this option. However, as with most other regulations in India, there could be a large gap between the intent and actual enforcement. Even in western societies like the USA where senior living homes are highly regulated by Federal, State and local agencies, the quality of care varies widely and enforcement is not always uniform. A few recent articles in the press:

• Apathy: Risk Factor for Mortality in Nursing Home Patients.
• Charleston man charged with abusing 86-year-old man in nursing home

As the law comes into effect and we see more nursing homes in existence, the plans for enforcement will begin to mature. 

---

Question: Is everyone going to be okay with senior citizens being entitled to maintenance 'by law' from their guardians?

Merely passing the law does not mean senior citizens can automatically begin demanding 'maintenance' from their children or others. One has to understand the intent and spirit of the proposals in the law : 

• Many families live a hand-to-mouth existence themselves and it won't be fair or practical to ask a son struggling to maintain his household - e.g. wife and kids - to also dole out a sum of money to his parents. 
• On the other hand, the intent of the law is to ensure that families with property that they are likely to inherit from elders, pay-back by taking care of such elders with dignity during their lifetime. 

Senior citizens who do not have children or grandchildren can claim maintenance from a relative who is either possessing their property or who will inherit their property of the senior citizen after their death. The relative must not be a minor and must have sufficient means to provide maintenance. If more than one relative is entitled to inherit the property, then maintenance must be paid by relatives in proportion to their inheritance of the property.

One frequently reads horror-stories of children abusing their helpless elders by demanding their assets or rights to other property. The law is intended to deter such folks and make it easier for victimized elders to seek protection.  

---

Question: How do you see the family dynamics change after the amendment brings other family members including sons-in-law and daughters-in-law into the ambit of the law?

Merely passing the law does not mean senior citizens can automatically begin demanding 'maintenance' from their children or other members of the family mentioned. The intent of the law is to ensure that family members with property that they are likely to inherit from elders, pay-back by taking care of such elders with dignity during their lifetime.  

One frequently reads horror-stories of children abusing their helpless elders by demanding their assets or rights to other property. The law is intended to deter such folks and make it easier for victimized elders to seek protection.  

---

Question: How should I file a case to seek maintenance from my family under Welfare and Maintenance of Parents and Citizens Act, 2007?

Let us take the example of an elderly senior citizen without sufficient means to survive and his/her children have enough resources to live and they are not taking care of them financially. The senior citizen may write an application to the local government authority (e.g. district magistrate) citing all the facts and ask them to direct the children to pay maintenance. If district administration fails to compel the children to act, then the senior can file a civil case against children under the above Act.

Of course, there may be practical issues involved here; e.g how is the senior citizen going to get the resources and knowledge to contact an attorney. 

---

Question: Will the amendment help Senior Citizen who are incapable of handling legal proceedings due to one reason or another?

The amendment to the law doesn't seem to directly provide for help with complex legal proceedings. However, a couple of points highlighted include :

1. Appointment of Nodal Police Officers for Senior Citizens in every Police Station and District level Special Police Unit for Senior Citizens.
2. Maintenance of Helpline for Senior Citizens 

These provisions are likely to make it easier for Senior Citizens to seek help, but don't seem to indicate that lawyers or legal help will be made available to them. 

---

You may check out some of my viewpoints on "Aging and caregiving in India"