Taking care of elderly parents

The government is going to formulate a set of rules in line with the Parents’ Maintenance Act-2013, in a bid to make sons and daughters take good care of their elderly parents.

“Every offspring has to ensure appropriate care of parents… If an offspring cannot be present in person, appropriate care has to be ensured by their spouse, children or other family members,” says provision 18 of the proposed Parents’ Maintenance Rules-2017.

According to the Parents’ Maintenance Act-2013, failing to comply with some of its provisions is an offense.

In such case, the offspring in question, if proven guilty by a court, will have to pay up to Tk 1 lakh fine or serve up to three months’ jail sentence for failing to provide the money.

A draft copy of the proposed rules is now available on the social welfare ministry website.

Once published through gazette notification, the rules will help improve living condition of the country’s elderly people, who often find themselves in abusive and neglected condition in family surroundings because of their non-productive age.

AJM Ershad Ahsan Habib, deputy secretary (law and agencies) of the ministry, said they are hopeful about publishing the rules in six months.

Although the draft rules mention 2017 as the projected year, it would be changed to the current year in the gazette, he told The Daily Star over phone.

According to provision 2 of the rules, care means “physical cleanliness, toileting, timely feeding and medication, and necessary walking or physical exercise in morning and afternoon as per doctor’s advice”.

Parents’ maintenance means ensuring “food, clothing, medical treatment, living opportunity and company”.

On the other hand, a “productive and capable” offspring will be one who is a bread-earning family member even one with disability, but have income-generating opportunity. 

If an offspring cannot ensure care by him or family members, then he has to provide it through a caregiver or at dedicated Parents’ Care Centre, says the proposed rules.

Provision 11 says the base of minimum standard for parents’ maintenance will be “through adjusting their logical needs and offspring’s affordability”.

Each offspring will take necessary steps to live with his or her parents. However, in case of more than one offspring, parents’ decision to choose who to live with will get priority.

An offspring has to provide their parents meals at least thrice a day or as per their necessity, says provision 14.

Their nutrition has to be ensured based on advice of a doctor or nutritionist, considering parents’ age, illness or disability. Improved diet has to give on special occasions or festivals and based on doctor’s restriction.

Comfortable clothing has to be provided considering climatic season, preference and physical adaptability. A new set of clothes has to be given during any one festival, says provision 15.

Provision 16 says parents’ accommodation will be on clean and plain surface having sufficient light and air. This will also depend on offspring’s financial ability. There has to be enough bedding and furniture in the room. Elderly-friendly cleaning and toileting facilities should be in place.

For parents’ good health, offspring has to be in contact with physicians for medical advice on a regular basis, says provision 17. Doctor’s advice should be taken at least once a year.

Provision 19 says if parents’ only offspring lives abroad with his wife then a “suitable representative” like blood-relative, in-law, trusted employee, or neighbour will provide company instead.

Ward-level “assist committee” comprising ward councillor or member, and chiefs of local places of worship will be formed to ensure parents’ maintenance, adds provision 9 of the draft rules.

Provision 22 says parents will be able to file complaint by themselves or via a representative, in case of physical incapability, before a related court against lack of maintenance.