Yes. The Brazilian Federal Constitution (1988) in article number 229 states that off-spring must support their older parents. Moreover, the Older People’s Statute and the National Healthcare Policy for Older People advocates that older people have the right to be supported by their family members (or at least by the society). Yet in Brazil, it is commonly expected by society that older people receive support from their children (Presidency of Republic of Brazil, 1988).

References:

Presidency of Republic of Brazil. (1988). Federal Constitution of Brazil. http://www.planalto.gov.br/ccivil_03/constituicao/constituicao.htm

There is no dementia-specific or universal legislation and policy pertaining to place the caregiving responsibility of older parents directly on their off-spring in Hong Kong. The filial responsibility law was proposed by the Provisional Legislative Council in 1998, but it was voted down due to the lack of support from older parents who were concerned about affecting family harmony (Ting et al., 2009). There is controversy on enacting filial support legislation to share the burden of care for older dependent people between the Government and their adult children. Currently, a person would have salary tax deduction through Dependent Parent and Dependent Grandparent Allowance and Elderly Residential Care Expenses for giving support to a parent or grandparent (Inland Revenue Department, 2020, February). Although the process of industrialisation and urbanisation might decrease the availability of family care, family members are still the major care providers for older people in Hong Kong (Sum et al., 2001).

References:

Inland Revenue Department. (2020, February). Salaries Tax / Personal Assessment.  Retrieved from https://www.ird.gov.hk/eng/pdf/pam61e.pdf.

Sum, Y., Chou, K.-l. J. A. P. J. o. S. W., & Development. (2001). Filial support legislation in Hong Kong: A sensible and practical policy? , 11(1), 131-140. https://doi.org/10.1080/21650993.2001.9755852

Ting, G., Woo, J., To, C., Woo, J. J. A. J. o. G., & Geriatrics. (2009). Elder care: is legislation of family responsibility the solution. 4(2), 72-75. Retrieved from https://hkag.org/Publications/AJGG/V4N2/OA2009-62.pdf

The Maintenance and Welfare of Parents and Senior Citizens Act (2007) places the responsibility on children or relatives to take care of the elderly and highlights that neglect or abandonment of elderly people is a punishable offence by law (Ministry of Law and Justice, 2007).

References:

Ministry of Law and Justice. (2007). Maintenance and welfare of parents and senior citizens Act. Government of India.

Yes, Law no. 1/1974 (article 46) on marriage, states that an adult child is obliged to care for his/her parents and other family members in the vertical family line within his/her capacities if they need his/her help (UU No. 1/1974 Tentang Perkawinan (Law No. 1/1974 on Marriage), 1974).

References:

UU No. 1/1974 tentang Perkawinan (Law No. 1/1974 on Marriage). (1974). (Testimony of Republik Indonesia).

The Maintenance Act (2005), part V, section 10.1, states that “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” (p.9). Based on the act, the government can take legal actions against the child of the parent or grandparent, if they can be found. Additionally, if there were associated health care costs in the case of extended hospital stays, the government can mandate the child or grandchild to cover the expenses. However, many disagree with the provisions and subsequent consequence of the Maintenance Act. For example, Professor Eldemire-Shearer has asserted that many offspring simply cannot afford or physically provide the care needed to their parents and have strongly advocated for the need for more long-term care options (The Gleaner Jamaica, 2017).

Similarly, Section 29 of the Mental Health Act (1934) “allows the Supreme Court or the Parish Court, on application of the nearest relative or the Attorney-General, to exercise jurisdiction over the management of the property and affairs of a patient if the Court is satisfied by evidence (medical and otherwise) on affidavit that the patient is incapable by reason of mental disorder of managing and administering his property and affairs” (Myers, Fletcher & Gordon Attorneys-at-Law, 2019).

In a blog post on the law firm’s website, it is further explained that according to Jamaica’s Mental Health Act, “a patient is defined as a person who is suffering or is suspected to be suffering from a mental disorder. Diseases such as dementia have been recognised by the Court to be included within the Act’s definition of mental disorder, though it has been held that a person who is comatose and thus unable to have his/her mental capacity assessed is incapable of falling within the Act.”

While the Act allows for some protection of persons who may lack capacity to manage their own affairs, there is a problematic stipulation of the law with regards to who in the patient’s family is delegated with their care or protection and given power over their affairs.

The law in Jamaica does not leave much room for a ‘patient’ deemed lacking in mental capacity to have this kind of input. Thus, the person delegated by the law may not necessarily be the patient’s primary carer or preferred custodian.

“Under the Act, the patient’s ‘nearest relative’ is the only person other than the Attorney-General who may make an application to bring the patient’s affairs within the jurisdiction of the Court. This is only one of the several responsibilities accorded to the ‘nearest relative’ under the Act, another of which is the giving of consent to treatment in a psychiatric facility. In practice, however, problems arise due to the Act’s definition of the term ‘nearest relative’” (Myers, Fletcher & Gordon Attorneys-at-Law, 2019). Section 3(3) of the Mental Health Act defines ‘nearest relative’ a person’s husband or wife; followed by their son or daughter; father, mother, brother or sister, grandparent, grandchild, uncle or aunt and nephew or niece (The Mental Health Act, 1997).

References:

Myers, Fletcher & Gordon Attorneys-at-Law (2019). Challenges in caring for the mentally ill under the Mental Health Act. Available from: https://www.myersfletcher.com/resources/item/challenges-in-caring-for-the-mentally-ill-under-the-mental-health-act.html

The Gleaner Jamaica. (2017). Abandoned with cause? – Senior citizens champion urges caution in condemning those who leave the elderly at hospitals, 13 January 2017. Available from: https://jamaica-gleaner.com/article/news/20170115/abandoned-cause-senior-citizens-champion-urges-caution-condemning-those-who

The Mental Health Act (1997). Available from: https://bellevuehospital.org.jm/pdf/mental_health_act.pdf

The care and protection of older members of society bill, 2018; PART III section 11 (1) states that “Home based care programmes established by a Home based care county government under section 10(2) (b) shall be implemented with respect to older members of society who (part d) are isolated and have no family member or care giver who can care for them” (Republic of Kenya, 2018b), page 342. This is an indication that before placement in a home-based care programme, the option on whether the person has a family member or caregiver is taken into consideration. In some cases, placement is made if the family member is not in a position to be a direct caregiver or has other responsibilities. Family carers often perform these duties due to cultural or spiritual reasons such as “fulfilment of a duty as a child”, “to return the favour of being a child” and” associated with a blessing i.e. to receive parental blessing.” PART III 59(f) also states Pursuant to Article 57 of the Constitution, every older member of society has the right to receive reasonable care, assistance, and protection from their family and the State  (Government of Kenya, 2010), page 38.

References:

Government of Kenya. (2010). The Kenya Constitution, 2010. Kenya Law Reports. http://www.kenyalaw.org/lex/actview.xql?actid=Const2010

Republic of Kenya. (2018b). The Care and Protection of Older Members of Society Bill, 2018. Kenya Gazette Supplement No. 73 (Senate Bills No. 17), pp. 333–363. Nairobi, Kenya. http://www.parliament.go.ke/sites/default/files/2018-08/The%20Care%20and%20Protection%20of%20Older%20Members%20of%20Society%20Bill%2C%202018.pdf

Article 9 of the Law on the Rights of Older Persons (DOF – Diario Oficial de la Federación, 2018) states that the family of the older adult must fulfil its social function; therefore, it must look after each. Each family is responsible for providing the necessary satisfiers for their care and integral development, and has the following obligations to them:

1. Granting food,
2. Encourage daily family life, where the elderly person actively participates, and promote at the same time the values that affect their emotional needs, protection and support,
3. Prevent any of its members from committing any act of discrimination, abuse, exploitation, isolation, violence, and legal acts that endanger their person, property, and rights.

References:

DOF – Diario Oficial de la Federación. (2018). Ley de los Derechos de las personas adultas mayores.

Education Policy Outlook – OECD. (n.d.). Retrieved February 20, 2019, from http://www.oecd.org/education/policy-outlook/

No.

Policies in South Africa are situated within a familial framework that promotes a philosophy of ‘active aging’ that aims to keep older persons within the family and community setting for as long as possible. Although this philosophy to support their participation in their communities for as long as possible is commendable, it promotes a shadow discourse that locates the responsibility for care of older persons predominantly within the family, which often translates to women shouldering the burden of care at the expense of their participation in the labour market. For example, the White Paper for Social Welfare (1997) as well as the Older Persons Act no.13, 2006 (Government Gazette, 2006) draw on principles of ubuntu, framing the care of the aged as predominantly a social and moral practice that is situated within the private space of the family. Ubuntu refers to the social nature of people and defines people as people through their relations with others, and positioned within policy, it largely privatises care for the aged within the family (Sevenhuijsen et al., 2003) and, thus, influences the way in which health challenges faced by older persons are perceived and responded to, within South Africa. It also influences perceptions about how the burden of care within the family is distributed and socially sanctioned as being primarily the responsibility of a female family member. Currently in South Africa, the typical profile of caregivers to persons living with dementia is a middle aged, or older female, child or spouse (Gurayah, 2015; Khonje et al., 2015; Marais et al., 2006), positioning women as responsible for “large-scale social and political problems” (Sevenhuijsen et al.,  2003, p.311).

References:

Government Gazette. (2006). Older Persons Act, No.13 of 2006 (Vol. 13, Issue 1098). Available from: https://www.westerncape.gov.za/other/2012/3/older_persons_act.pdf

Gurayah, T. (2015). Caregiving for people with dementia in a rural context in South Africa. South African Family Practice, 57(3), 194–197. https://doi.org/10.1080/20786190.2014.976946

Khonje, V., Milligan, C., Yako, Y., Mabelane, M., Borochowitz, K. E., & Jager, C. A. De. (2015). Knowledge , Attitudes and Beliefs about Dementia in an Urban Xhosa-Speaking Community in South Africa. Advances in Alzheimer’s Disease, 4, 21–36. https://doi.org/10.4236/aad.2015.42004

Marais, S., Conradie, G., & Kritzinger, A. (2006). Risk factors for elder abuse and neglect: brief descriptions of different scenarios in South Africa. International Journal of Older People Nursing, 1(3), 186–189. https://doi.org/10.1111/j.1748-3743.2006.00025.x

Sevenhuijsen, S., Bozalek, V., Gouws, A. and Minnaar-Mcdonald, M. (2003). South African social welfare policy: An analysis using the ethic of care. Critical Social Policy, 23(3), 299–321. https://doi.org/10.1177/02610183030233001