The Kerala High Court has appointed the 76-year-old sister of a 93-year-old woman with Alzheimer’s disease and severe dementia as her guardian, allowing her to manage the woman’s property and financial affairs under court supervision. The order recognises that existing legal provisions did not clearly provide a workable route for managing the property of a person whose cognitive abilities had substantially deteriorated.
Justice Bechu Kurian Thomas passed the order on a petition filed by the woman’s sister, who said both sisters were spinsters and that the older woman was bedridden and unable to make decisions about her personal, medical or financial affairs. The petition stated that the woman had substantial bank deposits and needed assistance with her daily needs and legal and financial interests.
The court had appointed a medical board to assess her condition. According to the report placed before the court, the woman was suffering from Alzheimer’s disease, severe dementia and Parkinsonism. The board also reported that she was unable to write cheques, pay bills or manage her finances.
The High Court examined whether guardianship could be established under existing legal frameworks. It noted that guidelines previously framed for appointing a guardian for a person in a comatose state could not be mechanically applied to a person with dementia. The court also found that guardianship under the Rights of Persons with Disabilities Act, 2016, was unavailable because the woman’s dementia did not fall within the Act’s specified disabilities.
The Mental Healthcare Act, 2017, was also found to be inapplicable for managing the woman’s property. The court observed that even where a guardian could be appointed under that law, Section 17 did not empower the guardian to manage property. In reaching its decision, the court referred to a 2021 Bombay High Court judgment that had permitted the appointment of a guardian for a person suffering from dementia.
The Kerala High Court said people affected by dementia and Alzheimer’s disease can lose their cognitive abilities progressively and may become dependent on others for daily activities, particularly in old age. When a person can no longer understand or make decisions about property transactions, the absence of a legally appointed guardian can expose them to exploitation and prejudice, the court observed.
The guardian appointed in the case must submit a report to the High Court registrar every six months, detailing transactions undertaken on the woman’s behalf and the use of her funds. She must also obtain specific permission from the court before transferring the woman outside the jurisdiction of the Kerala High Court, including for medical treatment.
The court kept safeguards against misuse of the arrangement. A relative, next friend or the woman’s sister may approach the court seeking the guardian’s removal if there is neglect, abuse of powers or any other valid ground. The order therefore links the authority to manage the woman’s property with continuing judicial oversight rather than treating guardianship as an unrestricted transfer of control.
