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Your parents, grandparents are your responsibility
Caring for the aged requires the input of the younger generation.
Columns
Donna P Hope  
February 5, 2020

Your parents, grandparents are your responsibility

…so says the law

Over the past couple of months I’ve been seeing several news stories about elderly people who have been abandoned by their family members. One homeless, elderly woman had to be rotating various locations, including sleeping in a hospital, sometimes on the street, or ‘kotching’ all over, even while her children, including one able-bodied police officer son, went about the day-to-day matters of their own lives.

Another story was told of an elderly couple who had been left to the mercy of the elements, and to the vagaries of hunger, squalor, and disease, even while living in a yard that housed other members of their extended family.

These news stories brought to mind a situation several years ago when a family member casually mentioned that a co-worker had gone to visit his grandfather at Father Ho Lung’s indigent infirmary. I was curious because I knew this co-worker and he did not strike me as poor. How did this person’s grandfather become Father Ho Lung’s responsibility? Apparently, the family found it too expensive and burdensome to take care of the health, day-to-day needs, and other expenses of this elderly relative and so they abandoned him at Kingston Public Hospital. He was eventually taken into the care of Father Ho Lung’s Missionaries of the Poor when no one came to ‘claim’ him. What was even more interesting was that family members, including his daughters, would ‘fly down’ from abroad to go and visit him. I was appalled.

Coming from a long line of rural Jamaicans who understand and ratify the importance of inter-generational and intra-generational responsibility for elderly family members, it struck me that this was a part of the great deal of wickedness on the land. Or maybe it isn’t wickedness so much, but good, old-fashioned ‘don’t care’ and greed. After all, if someone else will shoulder your financial, emotional, and physical responsibility for a whole live human being it must be good business to pass it on.

I cannot agree.

There are many elderly people whose children and close family members have predeceased them, leaving their care during this ‘second infancy’ to the mercy of do-gooders. Having others shoulder the care of the elderly in those cases is probably more understandable, even if still not ideal. But, when elderly individuals are abandoned by fully able and able-bodied family members, many including children and other relatives who were cared for or benefited from the support of these now elderly family members, this deserves some critical attention.

Many Jamaicans, especially the poor, working class, and many from rural parishes, would often see their children as their “old-age pension”. This was most important when many were either self-employed or employed in situations that barely provided for their day-to-day lives, much less to secure a pension or other resources. Indeed, even with some kind of pension in hand, someone has to stand in to ensure that an elderly person, who may or may not be fully up and about, is able to receive adequate care and that their resources are protected. Many Jamaicans will recall being the hands and feet for their grandparents who were either made as comfortable as possible in their own homes, or who lived with their extended family. But, with the breakdown in these networks, if they are not fortunate to live in a community where neighbours help each other, more elderly people are being left to depend on the kindness of strangers, civil-society groups, or the Government.

This issue of the care and protection of the elderly becomes even more critical with Jamaica’s ageing population. This issue has generated significant dialogue since census figures indicated an increase in Jamaicans over 60 years old to just over 12 per cent. Global and regional statistics project an increase in this over-60 population to 25 per cent by 2050. Jamaica is listed as having one of the fastest-ageing populations in the world, because in one generation fertility rates have been cut in half. The under-15 population has decreased and, at the same time, life expectancy has increased by a decade. It is true, because if you look around many people way past 65 and 70 are up and about, living their lives. We hear the mantra being parroted that 50 is the new 40. Just ask J-Lo and that pole at the Super Bowl last Sunday.

And so, the calls for Jamaica to critically assess the ageing sector of its population and ensure adequate plans are put in place to prepare for the inevitable are growing louder. These plans include encouraging healthy lifestyles to reduce chronic illnesses like hypertension and diabetes, as well as providing affordable housing, health care, social amenities and other necessary components for life. As Jamaica moves towards this benchmark, if plans are not carefully laid, and citizens adequately sensitised, it may become too burdensome for the State if the more elderly individuals cannot manage and family members are unable or unwilling to shoulder their obligation.

There are some instances in which some parents failed to live up to their obligations, and so their children or grandchildren feel no sense of responsibility for their care. As well, there are circumstances in which plans for pensions did not materialise. But, in others, where there is a direct line of responsibility, the law does have an option for elderly parents to be provided for by their children or grandchildren. Here, the Maintenance Act, section 10, states:

“10 (1) Every person who is not a minor has an obligation, to the extent that the person is capable of doing so, to maintain the person’s parents and grandparents who are in need of such maintenance by reason of age, physical or mental infirmity or disability.

(2) In considering the circumstances of a dependant who is a parent or grandparent, the court shall have regard to whether, by reason of age or infirmity, that dependant is unable to provide for himself or herself.

(3) The obligation of a person under subsection (1) in respect of that person’s grandparent only arises in the event of the failure of the grandparent’s children to do so owing to death, physical or mental infirmity or disability.”

Under this law, elderly parents or grandparents of an adult who can provide for them financially can take them to the Family Court or Parish Court and file for maintenance. What bothers me, though, is that many elderly people who are in need, and who may have children or grandchildren who fall liable under this Act, do not have the means to pull together the documents to file in court. How does one benefit under this legislation if they are too sick, too poor, or without any help whatsoever?

As things change, I find that appeals to emotion, obligation, or traditional values that would encourage people to do the right thing, now fall on a higher percentage of deaf ears. For many, the right thing is that from which direct personal benefits will accrue, and many of these are quantified in monetary or materialistic terms. Therefore, those who can should begin to plan carefully for their twilight years. And I am not speaking to people who are older today in 2020.

To put all of this into perspective, in 2019, Jamaica’s median age was 29.4. This means that those who have already hit 30 years will be a part of the ageing population in 2050. You are all a part of this discussion and must be a part of the process of planning for the inevitable. For example, developers could invest in retirement communities, as more Jamaicans are now able to buy into these developments and may find the option attractive as they age. Additionally, there are now several viable options offered by financial entities for generating pension plans for self-employed individuals or those who work under contracts that do not include a company-sponsored group pension plan. Whatever the options, and however they are made available, Jamaica’s ageing population is looming on the horizon. We cannot fail to plan for the inevitable.

Donna P Hope, PhD, is professor of culture, gender and society at The University of the West Indies. Send comments to the Observer or dqueen13@hotmail.com.

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