Caring for Parents & Elderly

Did you know that you are legally bound to take care of your elderly?

 

1. The procedure is governed by the Maintenance of welfare of Parents and Senior Citizen Act 2007.

2. It is a legal obligation for children/legal heirs to provide for the maintenance of senior citizens.

3. Children/legal heirs are obligated to take care of the elderly parents in such a way that they can lead a normal life.

4. Any person who is in possession or stands to inherit senior citizen’s property and has sufficient mean is liable to look after and additionally senior citizens provide for senior citizen.

5. Maintenance includes provision for food, clothing, residence, medical attendance and treatment. Parents mean father or mother, whether biological, adoptive, or stepfather or stepmother as the case may be whether or not father or mother is a senior citizen.

6. If a senior citizen is not able to look after himself/herself he/she can apply to the state tribunal requesting for a monthly allowance from their children/heirs.

7. Grandparents both parental as well as maternal grandparents are also included.

8. The application for maintenance must be filed before the maintenance tribunal in any district where:-

(a) Parents, grandparents or senior citizen resides.

(b) Parents, Grandparents or senior citizen last resided.

(c) The person against whom maintenance is claimed resides.

9. In addition senior citizen can file an application before maintenance tribunal to declare the transfer of property void with certain conditions.

10. No legal practitioner is permitted to represent but district social welfare officer can represent the parents if they so desire. Civil courts will have no jurisdiction in respect of any matter to which this act applies.

11. Punishment for not paying the monthly allowance could be a fine of Rs.5000/= or imprisonment up to three months pr both.