Statistics show that between 2018 and June 2022, more than 2,144 senior citizens were abandoned at hospitals nationwide, with fewer than half reunited with their families.
PETALING JAYA: Malaysia’s proposed Parents Care Bill should be accompanied by social support systems for the elderly instead of relying solely on legal obligations placed on adult children, experts say.
Speaking to theSun, lawyer Esther Ong, who specialises in family matters, said the law is necessary to address growing cases of elderly abandonment and neglect.
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She said statistics show that between 2018 and June 2022, more than 2,144 senior citizens were abandoned at hospitals nationwide, with fewer than half reunited with their families.
“When voluntary goodwill fails at that scale, the law must step in,” she said.
Ong, who is senior partner at Esther Ong Tengku Saiful and Sree, said countries such as Singapore, China, India, France and Germany, as well as several states in the United States, already have similar legal frameworks.
She rejected concerns that the proposed law would damage already-strained family relationships.
“The law does not create strain in families. Instead, it responds to it,” she said, adding that families that are genuinely close and caring will never see the inside of a Maintenance Tribunal.
She cited cases illustrating the need for such legislation, including a stroke victim who had to arrange his own transport home from hospital, an elderly parent whose children did not visit once during hospitalisation and a senior citizen who learned of his own son’s graduation from a stranger, as he was never invited.
Pleading for the Bill’s smooth passage, Ong cited a current case she is handling in which a father is penniless and suffering, with his children refusing to support him.
“At the moment, I have no statute to sue the children. I need this Bill to be passed as soon as possible. These are real cases that I am handling. They are more common than we admit. The law is for them,” she added.
She said Malaysia should adopt safeguards similar to Singapore’s Maintenance of Parents Act amendments in July 2023, which require parents with documented histories of abuse, abandonment or neglect to first seek tribunal permission before proceeding with claims.
At the same time, she cautioned against unverified allegations raised years later without supporting evidence.
She recommended that the Bill mandate a mediation stage before tribunal proceedings, with vexatious or frivolous claims dismissed at the threshold.
“Litigation should always be the last resort,” she said, adding that Singapore’s experience shows that the law’s deterrent effect is often more powerful than its enforcement.
“The knowledge that abandonment carries legal consequences changes behaviour,” she said.
Meanwhile, certified therapist Azrina Mohd Yusof said the issue should be addressed more holistically instead of placing responsibility entirely on adult children.
“Parent-child care is only one part of it. There should be a plan to look at it holistically.”
She said the proposed law may become increasingly relevant as Malaysia undergoes generational and social changes, with younger generations facing different lifestyles, pressures and expectations compared to the past.
“Family structures and daily realities have changed significantly. Many younger adults today are navigating demanding careers, financial pressures and mental health challenges, which could sometimes affect their ability to care for ageing parents effectively.”
She pointed out that conditions such as ADHD, autism spectrum disorders and anxiety-related issues are becoming more openly recognised today, making caregiving conversations more complex and requiring greater empathy and support systems.
“This is why any policy should not only focus on enforcement, but also awareness, education and accessible support for parents and adult children. The approach should be compassionate and practical rather than punitive,” she said.
Azrina said a broader ageing plan should include retirement planning for care homes, stronger caregiving systems and better support for caregivers.
She suggested using EPF or government pension funds for care home choices with different cost tiers.
“It cannot just put everything squarely on the shoulders of the adult children. Lives have changed and are more demanding, especially mentally.”
She also said of 10 similar cases she handled, “two involved emotional abandonment, another two involved constant verbal abuse and one was close to physical abuse”.
“Children can abuse parents too. Abandonment is not just physical. It is also emotional and that is just as bad.”
On May 7, Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi announced that the Women, Family and Community Development Ministry had been given six months to draft the Bill as Malaysia moves towards becoming an ageing society.
