legal proceedings for the admission to old age home

what are the legal proceedings for the admission of a person to an oldage home

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There are no legal proceedings as such. However, you should be aware of laws regarding maintenance of the elderly.

According to the Maintenance and Welfare of Parents and Senior Citizens Act 2007, it is the legal obligation for children and heirs to provide maintenance to senior citizens. It includes all Indian Citizens, including those living abroad. A parent could be father or mother whether biological, adoptive or step father or step mother, whether or not the father or the mother is a senior citizen. If the senior citizen or parent is incapable or a voluntary organization authorized by the senior citizen or parent can apply for maintenance on their behalf. Maintenance includes a provision of food, clothing, residence and medical attendance and treatment. Section 4 provides that a citizen including parents who is unable to maintain himself from his own earning or property owned by him shall be able to claim maintenance u/s 5. The obligation of the children or relative may be such so that senior citizen may lead a normal life. A relative may maintain the senior citizen provided he is in possession of the property of such senior citizen. where the children or relative neglect or refuse to maintain, the Tribunal may order to make a monthly allowance. The maximum allowance ordered by Tribunal must be Rs.10, 000 per month.



Answered on January 3, 2017.
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