A new law could see the removal of people’s rights to access their elderly parents’ will in proven cases of severe abuse and neglect.

Parliamentary Secretary for the Elderly Justyne Caruana explained that the government has almost completed drafting a Bill to protect vulnerable adults. It will include this punitive measure to discourage family members from abandoning the legal responsibility of caring for their elderly.

Justyne Caruana

“If an elderly person ends up in a vulnerable and dangerous situation because of his or her family members, then they must carry some of the burden ,” Dr Caruana said. “If these family members insist on dumping their responsibility
entirely on the State, then they should not expect to participate in the administration of a person’s estate. That would then fall under the State’s responsibility.”

The new law will also allow the State to intervene on an elderly person’s behalf and take certain decisions for the good of that person.

For instance, Dr Caruana explained, her secretariat had received a report about an elderly man living all alone in a state of filth and bad health. “In such a case, the law does not currently allow us to intervene on behalf of the elderly man and take all the necessary decisions. This new law would enable us to take certain decisions for his wellbeing, in consultation with him and in conformity, as much as possible, with his wishes.”