Case for making maintenance of parents a legal duty

ELDER neglect has become a serious social problem in many countries, including Malaysia. It occurs when aged parents are abandoned or left without financial support, deprived of basic needs such as food, shelter and healthcare or emotionally neglected with little contact or concern from their adult children.

This problem is growing worse because of longer life expectancy, smaller family size, urban migration and weakening traditional family values.

A practical measure to address this problem is to make supporting elderly parents a legal duty. A law similar to Singapore’s Maintenance of Parents Act 1995 can be introduced, making it legally compulsory for adult children to provide maintenance for their parents.

Under this law, any parent domiciled in Singapore aged 60 years and above who cannot maintain themselves adequately may apply to a Tribunal for the Maintenance of Parents for financial support from their children. The Tribunal may order adult children to pay a monthly allowance or a lump sum payment. It also seeks conciliation first, encouraging reconciliation and voluntary support before issuing an order.

Where parents have neglected, abused or abandoned the child when young, the Tribunal may deny the claim. Orders can be enforced by law and there are penalties for non-compliance.

This law matters because it provides legal recognition of parental rights by affirming that aged parents have a right to – and not merely a moral claim for – maintenance. It also creates institutional accountability, where a Maintenance Tribunal or Commission offers a formal, accessible mechanism for elderly persons to seek justice without costly court proceedings.

It complements social welfare; while governments can offer pensions and aid, family-based support remains the first line of care, sustaining intergenerational solidarity.

It also promotes family values by reinforcing filial piety, gratitude and social responsibility, turning these principles into enforceable legal duties.

Malaysia should adopt a Maintenance of Aged Parents Act that combines legal enforcement with social education. This would include establishing a Parents’ Maintenance Tribunal accessible in every state under the Women, Family and Community Development Ministry.

This law would impose a legal duty on children aged 21 and above to provide adequate financial and emotional support to parents aged 60 and above who are unable to maintain themselves. Conciliation and mediation should come first to prevent adversarial family disputes.

There must be penalties, such as fines or community service, on those who ignore a maintenance order.

Complementary programmes should include senior citizens welfare schemes, counselling and public awareness campaigns to promote filial duty and respect for elders.

Properly designed and enforced, such a law can reduce cases of elder abandonment and poverty, relieve the government’s welfare burden, strengthen family and community bonds, and uphold the dignity of the elderly.

TEU SI @ CHANG SEE TEN

Johor Baru