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Kochi : The high court has appointed a guardian to manage the property of a 93-year-old Kolencherry native suffering from Alzheimer’s disease and severe dementia, holding in a landmark judgment that courts can appoint guardians in such cases if warranted. Justice Bechu Kurian Thomas issued the order on a petition by the woman’s 76-year-old sister, who submitted that both were spinsters and her bedridden sister was incapable of making decisions or managing her personal and financial affairs. Referring to a 2021 Bombay HC judgment that permitted the appointment of a guardian for a person suffering from dementia, the court observed that people affected by dementia and Alzheimer’s disease lose their cognitive abilities, which deteriorate with age.
It further reported that she was unable to write cheques, pay bills or manage her finances.
She said her sister had substantial bank deposits and required a guardian to oversee her daily needs and manage her financial, medical and legal interests. Accordingly, the court appointed a medical board to assess the patient’s condition. The board submitted a report stating that she was suffering from Alzheimer’s disease, severe dementia and Parkinsonism. Dependence on others for daily activities becomes inevitable, particularly in old age. When a person can no longer make decisions or comprehend property transactions, the absence of a legally appointed guardian can expose them to exploitation and prejudice, the court observed. Accordingly, the court allowed the petition and appointed the petitioner as her sister’s guardian.
The guardian must obtain specific permission from the court before transferring the patient outside the jurisdiction of Kerala HC, whether for better treatment or otherwise. The bench added that a relative, next friend or the patient’s sister could approach the court seeking the guardian’s removal if any neglect, abuse of powers or other such grounds were noticed.
The court further directed the guardian to file reports detailing all transactions undertaken on the patient’s behalf, including the utilisation of funds, before the high court registrar every six months.